Legal Question in Construction Law in New York

Client wants to delay

We have a signed contract to paint a house and recieved a deposit. It has been pressure washed and when we go to caulk and prime it rains. The client is mad because it is taking to long and now wants to wait til september to finish. Do we have to give the deposit back? Also can we charge for an alteration of work? We passed on a job because she wanted hers done now.


Asked on 6/15/06, 5:06 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Client wants to delay

It depends on what your original contract says.

A delay due to inclement weather, if it is not unduly extended for other reasons, need not be written expressly in the agreement, especially if the work cannot be done when rains.

However, a time clause is a standard element of

construction agreements; large contracts are actually insured with performance bonds due to the amount of money that can be lost if a contractor does not keep to the schedule.

If you want to go along with your customer and wait until September, explain that it will cost more, and why; that you turned down other jobs,

and that you might need to re-do some of the work.

In the furure, you should be specific about these

things in your agreement.

Read more
Answered on 6/15/06, 11:41 pm


Related Questions & Answers

More Construction Law questions and answers in New York