Legal Question in Construction Law in Wisconsin

Nreach 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, 7:26 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Breach of contract

The answer to this lies in Wisconsin law. It sounds as though there was no written agreement to perform the work. As such, a Vis Major, a supervening event that can be cause for frustration of the venture, i.e. brickwork. If there is no written agreement, courts generally look to past case law and the custom and usage of trade. This being, in the state of Wisconsin how have courts handled these issues before. I am not licensed in Wisconsin, so I cannot comment further.

With the amount of money involved, I suggest you speak to an attorney in Wisconsin who can advise you in these matters. It can go either way, depending on Wisconsin law.

Good luck!

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Answered on 3/22/08, 3:58 am


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