Legal Question in Construction Law in Maryland

information regarding contract with contractor

in september myself and my wife entered into a contract with a local contractor to install new windows,doors,and siding on our older home (recentely purchased but an older house-built in 1914)the contract states ''that work will be completed within 6/8 weeks.here is is january 11 and work is not completed yet ---waiting on siding,gutters etc. do we have any recourse?. the contractor insists he is not making any money on this job.in the initial period we asked the salesman if he would include certain items,he agreed and it states so in the contract. perhaps a note of interest we still owe him some money--we are tired of waiting


Asked on 1/11/05, 11:42 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: information regarding contract with contractor

Without seeing the contract language, no definative position can be stated.

Generally a contract can require specific performance based on written language that embodies the mutual agreement of the parties. The question then becomes what is the result when there is a breach.

Typically construction contracts allow leeway for unanticipated or uncontrollable events (e.g., weather, strikes, supply shortage). Otherwise, liquidated damage provisions may apply.

Anticipated repudiation may be an issue involved with your situation. This would be based, in part, on the contractor's statement of not making any money on the job.

Maryland law sets forth requirements over home improvement contracts. It limits the amount of deposit and controls the contractor's right to receive and retain payments. Contact an attorney should you need legal assistance.

Read more
Answered on 1/12/05, 8:43 am
Terry A. Berger, Esq. Law Office of Terry A Berger

Re: information regarding contract with contractor

Before paying a lawyer, you may be able to get some help from the Maryland Home Improvement Commission. Call them at 410 230-6309. This is the agency that licenses home improvement contractors to do business in Maryland.

Read more
Answered on 1/17/05, 3:22 pm


Related Questions & Answers

More Construction Law questions and answers in Maryland