Legal Question in Construction Law in New York
construction contract
We signed contract to drill a new well. We gave the contactor a down payment as described in the contract. The contract specified a 2 week window in which the job was to be started. 6 months have passed and all we get is excuses over the phone. What legal action should we take?
2 Answers from Attorneys
Re: construction contract
You should sue him under the contract to compel him to perform. I can help you do this.
Re: construction contract
With all due respect to Mr. Moroknek, you cannot force a party to perform unless the res (thing) under the contract is unique. For example, a house or real property is unique, and as a result, you may seek specific performance to force a sale.
With a service like digging a new well, there are other contractors that may perform this service. Therefore, I would: 1. Give your present contractor notice that if he does not perform within a reasonable period of time (30 days), he would be deemed in breach of contract. 2. After discharging your contractor, retain another contractor to perform the work. 3. If you had to pay another contractor more money than the defaulting contractor, you would sue the defaulting contractor for return of your deposit together with the difference in price.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
