Legal Question in Construction Law in Texas

What can I do after breach of contract

I am a contractor and signed a contract to rebuild a waterfront retaing wall which has to have approval and permit from a state river authority. After approval was given and work was started, unforseen stability issues arose. After calling in the inspector, he required more material and labor to meet new requirements or the project could not be continue. The property owner informed me to stop, he did not want to spend any more money. He then went and tried to get an other contractor to bid the job saying I had

started and then asked for more money. It has been 3 weeks and he has still told me to wait. If he wants to resume work and I not not agree to because of lost time and now lack of interest, Who would breach the contract ?


Asked on 8/26/05, 1:49 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: What can I do after breach of contract

It all depends upon what your contract says concerning unforeseen conditions. If the owner says to continue, you'd best have a Change Order ready for the costs of additional material and labor necessary to satisfy the inspector. If he signs it off, then you'd be in breach if you failed to proceed.

But if he refuses, and you don't have a clause concerning unforeseen conditions, then you may be on the hook to complete the job without additional charges.

Read more
Answered on 8/29/05, 12:35 pm


Related Questions & Answers

More Construction Law questions and answers in Texas