How can we take action against a pool building company who have not actually breached contract?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can we take action against a pool building company who have not actually breached contract?

The contract was signed 4 months ago but permit application wasn’t submitted by until about 6 weeks later. Dig started a month ago and since then they have turned up 4 days, usually with at least 10 days in between. They are behind schedule? Can we put each payment which we contractually owe after a certain job in escrow so that they don’t get it until they have completed satisfactorily?

Asked on June 15, 2012 under Business Law, Florida

Answers:

Jonathan Pollard / Pollard LLC

Answered 9 years ago | Contributor

That's a difficult question.  You're in a position where you have to weigh your desire to have them proceed with building the pool against your desire to make sure that you're not being treated unfairly. 

You should take another look at the contract.  Even if there isn't any language in the contract indicating the exact time-frame in which the work should be done, every contract contains an implied duty of good faith and fair dealing.  And this delay might be enough to constitute a breach of that duty.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption