Legal Question in Construction Law in Louisiana

Re: swimming pool contractor

When dealing with a construction legal question - like yours - it is very important to look at the contract documents (if there are any) in determining the legal rights and responsibilities of each party.

Generally speaking, a contractor is responsible for completing the project within the time specified in the contract. Whether that time period can be delayed is a matter of contract interpretation. If "time is of the essence," the deadline will be strictly construed. If no such provision mentions time, the deadline will likely be more flexible and allow for a reasonable time. A court would also look to the partial performance by the contractor to determine whether extra time will lead to the completion of the project or there is no hope for completion.

It is important that you give notice to the contractor of the default, and then proceed as indicated in your contract. You may be required to provide the contractor with a cure period, or you may be able to terminate the contract all together.

In proceeding, make sure you (1) do everything in writing, certified mail, return receipt requested - all notice of default letters, etc.; (2) preserve your evidence by taking photographs, getting reports from other contractors, engineers and architects.

Construction disputes are often complex and multi-layered. You should also consider seeking the advice and counsel of an attorney versed in construction law. Our firm focuses its practice on construction law.

Good luck, and let me know if I can be of further help.