Commerce City, CO asked in Business Formation, Contracts and Construction Law for Colorado

Q: Is the General Contractor in a breach of contract

In the contract it states that we should be given 48 hour notice if the General Contractor decides to go with a different company. (So we are allowed to remove our material or get paid within 48 hours so they can keep it) Well they gave us notice at 4:15pm and had workers on our job site the next morning at 7am working on our material. Only a 15 hour notice. Are they in a breach of contract and what am I allowed to do?

1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Englewood, CO
  • Licensed in Colorado

A: Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be liquidated damages, you'll have to read the contract. If you're looking to get money out the other party you'll need either damages, a clause granting damages, or a statute granting damages.

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