Legal Question in Construction Law in California
Pool Contract
We are having a pool being done and the finish date is very near. Am I entitled to a discount if it is not done by the construction date? The reason for the delay was poor communication between contractors, subcontractors and inspectors.
1 Answer from Attorneys
Re: Pool Contract
No, you aren't entitled to a discount unless the contract expressly so provides. That would be unusual in a residential-type contract.
You might be entitled to damages, however. That's a different matter. In order to be awarded damages, you would have to sue for breach of contract, then prove you suffered a particular financial loss. Mere inconvenience might not be enough, and if the delay were pretty minor, you might have a hard time even establishing a breach (unless the contract has a "time is of the essence" clause, which also is unusual in a residential contract).
Your best bet might be to negotiate for a price reduction, based upon a threat to sue if one isn't granted. Some contractors would be willing to acknowledge fault and make small concessions. However, unless you have a very strong case for damages, you may be better off just accepting the time over-run. Your experience is better than that of many.
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