Legal Question in Civil Litigation in New York

Modifying an existing contract with a contractor

Hello. We've just moved into the new house and had hired a contractor to paint it. We signed a contract that states the total dollar amount and lists all the rooms that will be painted. Unfortunately, this job is taking a lot longer than we thought -- and one reason why our expectations were different is that the amount of time that the painter originally gave us was way off. However, there are no timeframes in the contract. But every time estimate he's given us since the work began has been off (e.g. he had told us a week ago that the bedrooms would be ready 2 days ago and they are still nowhere near completion). I'm thinking about either just asking him to quit right now or redo the contract for fewer rooms and of course smaller price. (It's just taking too long and for various reasons we can't let it drag on that long.) Is that something that I can legally do? If he stop works right now or does fewer rooms, can he still demand the full price as specified in the original contract? Thank you.


Asked on 9/24/04, 9:48 am

1 Answer from Attorneys

Rachel Yosevitz Bistricer Yosevitz

Re: Modifying an existing contract with a contractor

If the contract does not specify the amount of time for finishing the work, then the time frame would be what is reasonable and customary. The measurement for "reasonable and customary" varies from case to case.

In addition, if the contract is vague or ambiguous then conversations or other documents that you may have showing that there was a time-frame intended may be taken into account to determine whether the contractors are in breach of the agreement.

If you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a free consultation or, I can be reached for an on-phone legal consultation at 1-516-256-7737.

Rachel Yosevitz, Esq.

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Answered on 9/24/04, 10:06 am


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