Is there anything we can legally do to get this job construction complete?
Full Question:
Answer:
We are assuming that your contractor does not have a performance bond.; If he does, you may be able to make a claim with the bonding company requiring it to step in a take over the job (e.g., hire and pay another contractor).
There are two distinct measures of damages that may be used when a building contractor breaches a construction contract by incomplete or defective performance, cost of completion or repair and diminution in value, also referred to as comparative value.; Some courts have stated that the preferred method of calculating damages is the cost of completion or repair in accordance with the contract specifications. This measure gives the landowner the ability to get, (with the damages awarded) a performance equivalent to what he has contracted for.
It is generally agreed that once substantial performance has been shown, a construction contractor is entitled to recover the contract price, less reasonable costs of remedying the defects in work or materials.
