Anyone who has ever tackled an improvement project on their home knows that the experience can be a stressful one. What happens if you’re further in the wrong? Below, I’ll explain how to navigate the process of suing a contractor for breach of contract and how to avoid any mistakes when hiring a general contractor. To start, it’s important to understand what a breach of contract is. Contract law can seem like a complicated field, but at the heart of the matter a breach of contract is when a party to a contract fails to abide by the duties set out under the terms of the contract. In other words, when a contractor undertakes to do some work, you expect them to complete the work as they promised. Commonly, this will mean completing the project by a certain date or completing the project for a particular price. When either of these things don’t happen, this will often lead to a breach of contract. Of course, before taking legal action you’ll want to make sure the contractor’s failure to complete your pool or patio is an actual breach of the work terms. Most contracts of this nature will have clauses that deal with construction delays, as well as the time and beyond for the project. If the delay is still within this time period then typically no legal action will be needed. Often in these cases it is best to wait it out and see if the work is completed properly. However, there are a few key factors you can look at to determine if a breach has occurred. First, take a look at the quality of the work that has been completed so far. Review your contract and the material details therein against what has actually been done to make sure there is no discrepancy in what was agreed upon and what is showing up in the work. It’s important to note that most contractors will be fairly open about this sort of thing well in advance, so don’t be afraid to ask questions if something looks off. It’s possible that the work is being delayed due to some other underlying issue. Second, contractors will often work with your home insurance through the process also. When there are delays or obstacles the contractor can’t consider them home owners should receive a credit or get the insurance company to agree to extend the insurance period. A big reason that insurance companies and contractors have a difficult time working with each other is because their goals don’t entirely align. Next, you may want to consider how quickly you can begin to pursue legal action in this situation. Normally, if a builder has halted construction for multiple months without any explanation then a homeowner can sue someone based on breach of contract alone. Unfortunately, most builders know this, and there is often nothing you can do to salvage your investments when the builder goes into hiding. When you think about this situation, there are three kinds of stops on the road to resolution. One is the legal timeline that dictates how long they can be late without it being a breach. The second are the “grace periods” that are usually in the contract – this can be as short as 30 days. For example, suppose the contract specifies that the pool must be finished by the end of August, with a grace period up until the end of September. The third kind of stop is time added by events or facts which have caused a delay; this can be anything from waiting for the glass to build to a major rainstorm. These “acts of God” are what drive people nuts, and rightly so; few things are as frustrating as having your project held up due to weather, especially when you’ve already waited so long! For example, suppose that in our previous example the contract had an “act of God” clause, which would give the builder an additional 30 days to finish an outdoor pool. If the contract does not have a clear clause for act of God, then you need to try to wait it out and see if the contractor will come back to do the job. If it is clear that you can’t wait any longer, then you’ll want to take some steps to protect yourself. For instance, it’s important for you to keep all receipts for anything you’ve spent on the construction project. Next, you need to send a letter via certified mail to the builder, letting him know that if his work has not resumed by a specific date then you will be forced to take legal action. This comes back to the legal timeline I mentioned earlier, which often dictates a time limit for taking legal action. Of course, if you can avoid going to Court or arbitration altogether that’s the best possible scenario. Mediation and arbitration services in construction and home improvement matters are usually much less expensive, and less stressful for everyone involved. The downside is that you are unlikely to get as good of an outcome as you would from a judge. I’ll leave you to explore these alternatives, and in closing I’d like to suggest you consider whether it’s worth dealing with a general contractor at all. Instead of going through that process, it may be beneficial to hire a company like Sunflower Pool and Patio that puts quality and customer service at a premium.