Q: Despite assurances, Contractor failed to complete work on time as agreed upon in contract. Is this a breach of contract?
A: It depends on how far past the deadline it took the contractor to complete the work. It is commo that contractors underestimate the time for completion of a project due to various delays (shortage of supplies, sick workers, weather etc.). It also depends on how important the deadline was. Unless you have an urgency here, like moving into a house, closing an escrow, etc.) you should be able to work it out with the contractor. You can also ask for an adjustment of the fees if you have been inconvenienced monetarily. Good Luck.
A: Did the contract state that "time is of the essence" or similar language indicating that the completion date is a material term of the contract? What was the cause of the delay? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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