Legal Question in Construction Law in Wisconsin

Breach of contract

We are homeoner and general contractor. Original bid was for $65K with contractor provide all materials and labor to do full house brick siding and 4 fireplaces. We were to provide bricks only. Any underestimate materials at mason's cost. We negotiated and mason reduced his bid to $59. Further negotation resulted in signed contract of $40K where mason was to to provide labor, mortar and sand to fullwrap brick and not doing the fireplaces. We were to provide bricks and rest of materials. We asked contactor prior to contract signing regarding tools and equipment/machinery needed to do the job. Mason assured us that he has all the tools needed and will rent the equipment. We have already paid $32K with 80% of work completed. Due to extreme winter, work took longer to complete (2+ months longer). Contractor claimed that his labor and equipment rental now cost $25K more than his budget. Contractor has stopped work unless we pay the extra $25K. We found different contractor at lower cost to finish the job. Can we sue for breach of contract? Does 'act of God' i.e. uncontrolled weather give contractor right to ask for more money?


Asked on 3/21/08, 7:22 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Breach of contract

Dear Homeowner: Your written, signed contract with your first masonry subcontractor will govern your legal rights and remedies, consistent with the laws applicable in your state and jurisdiction.

Only God is responsible for the weather on this planet; unless your contract has a specific provision for weather conditions, you need not be concerned about that either.

I recommend you seek experienced construction-legal counsel ASAP.

Good luck.

Sincerely,

J. Norman Stark

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Answered on 3/22/08, 12:58 pm


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