What to do about a default on a construction contract after materials have been purchased?
Question Details:
I have a customer that has decided he can't afford the construction remodel contract he has signed and given a deposit. Materials have been purchased and permits with city have begun.
You may enforce the signed contract as written. If it doesn't give the customer the right to terminate (e.g. on notice; at certain stages; by paying some sum as a termination or cancellation fee; etc.), you could sue him for the full amount due under the contract, less any offsetting savings of yours from nonperformance (e.g. any labor savings; basically, you sue for the profit due under the contract), as well as less any amounts you've already received. Or rather: that's what you're entitled to, since you have to mitigage losses and apply any savings--but ieave it to the customer and/or the court to bring that up. Simply sue him for what he's supposed to pay you, less the deposit, which you should be entitled to keep.


Are you a lawyer?