Legal Question in Construction Law in California

Re: Construction Delay

This sounds like a breach of contract, but it's difficult to tell because there are no facts to tell me what the reasons are for the delay. If weather and unexpected soils conditions caused all the delay, then any attempt to fire the contractor could be a breach on your part. On the other hand, maybe he's simply not shown up in which case he's likely guilty of a material breach. Any situation where you're contemplating ending the contract could have serious ramifications if you make the wrong choice. For this reason, lawyers carefully analyze the situation and then give their best educated guess as to whether there's been a material breach by either side that, in turn, justifies terminating the contract. I hate to give you the old, "see a lawyer" maxim, but these kinds of situations require very careful analysis.

I'm assuming that you're not interested in making a delay claim. Delay claims in construction are sometimes extraordinarily complex, although residential pool construction is on the easier end of the spectrum. One has to determine what the reasons are for the delay and whether they are excused. You also have to determine what, if any, are your damages. This takes a surprising amount of work to determine.

Re: Construction Delay

I would just add to the advice you've already received, that it's important to see what the written contract says, if anything, about the completion date, delays, and liquidated damages.

Whatever it says may materially affect your chances of prevailing in court, or complaining successfully. Also, if it says nothing about completion, damages for delay, time being of the essence, or the like, a court might conclude that the parties weren't overly concerned about the completion schedule and hence no damages. The 35-day promise, unless in writing in the contract itself, would be difficult to enforce or use as a basis for a claim for damages.