Legal Question in Construction Law in Michigan

Completion of a large deck

On Sept 12th I signed with a local company to build a Trex deck (Trex is a composite material for decking)

The cost was $10,600.00. I paid 30% on signing of contract, 20% start of job, 25% completion of framing (which I paid and steps are still not complete) and 25% is due upon completion.

I am now 4 months into it and builder & owner does not return phone call -he has over $7000.00 and all I have is a framed base. The contract stated the job would be started no later than 60 days( it started in 65) and would be complete in 30.

What do I do to make a legitimate threat to this company? I am very concerned that bad weather is approaching and after 4 months I still do not have a finshed product.( this could drag till spring

Do I have the right if/when the job gets complete to hold the remaining or portion of the 25% for breach of contract?

This guy does not return phone/email/ calls, I think the job will get complete but how do I leagally move forward to finsish what was started 4 months ago?

Please give me your advice in detail

Thank you

Scott Lord


Asked on 12/02/01, 9:20 am

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Completion of a large deck

Not completing a contract in the time agreed has been held to be a material breach of contract. You might point this out to your carpenter and give him an opprotunity to "cure" (to finish the deck). If he refuses to perform you might have the remedy of retaining someone else to finish the deck. If it costs you more money, then you may be able to recover the extra cost from the first carpenter.

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Answered on 12/04/01, 9:57 am


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