Legal Question in Construction Law in Washington

Slow Performance

We have had a major remodel and addition to our house, orginally scheduled to take about 12 weeks. On the original completion date the superintendant gave us an updated schedule stating the remaining work would take 3 weeks. It is now 4 weeks passed that day, in essence a overage of 50%, due mostly to the super's horrible time management skills; he has another project 20 miles away, and none of the delays were due to our performance, back-orders, or anything tangible. We have not made a progress payment in the last 30 days. Today was the final inspection, though the work is not done. They have been trying to get us to complete and sign a punch list before they are done. Assuming that the work is in fact complete next week, and I plan to pay my balance in full then, am I obligated to pay the interest on the amount past due? (about 5% of total job) Need I mention the horrendous payments we are making on our equity line of credit, that was to be rolled over to a refinance weeks ago?

thanks


Asked on 8/31/07, 5:36 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Slow Performance

Dave Barry once wrote that contractors are capable of dematerializing before their customer's eyes. He's right. The issue is whether the timeliness of the project is a major issue or a minor issue. Presumably you are improving your home, and the improvements will last a long time. I don't hear you complaining about the workmanship, just about the fact that it is taking forever.

Does your contract talk about what happens if the project takes longer than planned? IS there a liquidated damages clause or some other penalty? If the phrase "time is of the essence" shows up, perhaps you have a built in remedy.

As to whether you owe interest or not, I can't tell without looking at the contract.

Sorry this has been such a rotten experience. I am not familiar with construction projects that *don't* go over their projected dates, or otherwise go sideways.

Hope this helps. Elizabeth Powell

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Answered on 8/31/07, 9:36 pm


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