Q: Once I have terminated a construction contract by notifying the builders, can I hire another builder & finish the house?
My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and builder) or their lawyer. Can I move forward with getting another builder to finish the house or is there some formality, motion, paperwork, I must do with a court or elsewhere to cement that the contract is in fact terminated? Thank you !
A: One would have to read the contract to be sure. But yes, you can probably find someone else to finish the job. It is doubtful that you would have to file suit (a motion would be part of a lawsuit); leave that up to party who you claim breached the contract to sue you, if they think such a suit has any merit.
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A: Whether your contract is duly terminated depends on the provision of the contract. If service was performed, although not completed, you would probably have to pay for the service. You need to ask an attorney to review the contract to know for sure.
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