Q: Is there a way to legally terminate a fencing contract when they didn't complete the work?
We signed a contract 5 months ago, they installed everything but the gates and 39' of fencing. They are not communicating with us and have failed to finish the project. It's a safety issue to not have the gates and we'd like to install them ourselves at this point. Can we legally terminate the contract with them? We paid them 70% of the contract already. We'd hate to pay for new gates and finish it only to have to pay them anyway.
I am sorry to hear that this happened to you. It is good that you asked prior to doing anything. It is always important to look to the contract first. Basically, look at your contract and see if there are provisions governing when the fence must be installed, when your payments must be made, and what happens in the event that one or the other is not completed. If there is a provision governing this situation, carefully review it. In fact, I suggest using a local North Carolina attorney to advise you on your rights per the contract.
You can also ask the fencing company for assurances that it plans to finish the fence and when it will be finished. All of this helps your case that the fencing company abandoned its promised obligations and breached the contract. At some point, if the fence is not completed, and a North Carolina attorney has reviewed your contract and the situation, you may want to finish the fence and sue for damages. This is called mitigation.
You should have a local attorney read the contract and listen to your situation. Then he/she can advise you for your next steps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.