Legal Question in Construction Law in Washington

Remodel project liquidated damages

We have a remodel project that has a stated contract time of 90 days. The contract has run 45 days over that time due to poor scheduling of his work force by the contractor. Is it possible to get liquidated damages from the contractor, even though there was not specific liquid damages language in the contract? If so, what would be an appropriate per day charge for our inconvienience and agravation?


Asked on 7/02/07, 10:44 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Remodel project liquidated damages

I'd have to look at the contract to see what you agreed to regarding damages for failure to finish on time as agreed.

Service contracts are almost always interpreted as imposing a duty on both parties to bargain and deal with one another in good faith.

If you have a paper trail of letters to this contractor (and possibly communications from him) where you point out the timeliness issue, it is possible you could get damages for his failure to finish the work on time.

Or, you might not. Contractors are skilled at litigation and there are firms that cater to their troubles. There is a fair amount of caselaw in WA on breach of construction contracts, and if the contractor can claim that you changed the scope or the nature of the contract, then it will be your fault he hasn't finished and his breach will be excused.

Nice, huh? Meanwhile, go to L&I through access dot wa dot gov and look up his registration. Is he licensed and bonded? Has he been sued? The information is public record.

Knowing ONLY what you have related, I'd suggest that your first course of action is to write to him and request that he share with you how he plans to get your job completed, and when.

Hope this helps. Elizabeth Powell

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Answered on 7/02/07, 11:41 am


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