If I signed an agreement for the paving of my drivig but the contractor is not following through, can I just hire someone else?

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If I signed an agreement for the paving of my drivig but the contractor is not following through, can I just hire someone else?

I need my driveway paved. I signed an agreement with a certain paving company to do the job. Unfortunately, I haven’t heard from the company since I signed and mailed in the agreement. I’ve left three phone calls on their answering machine over the past 3 weeks. Not a single call back to me. I was very nice, just asking for a guestimate on when they plan to do the job. The company is reputable, A+ BBB rating. I am just fed up with no return phone call. Can I just get another company to do the job and tell them to forget it?

Asked on May 11, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When and if the company has breached, or has demonstrated its clear intention to breach, the agreement in a material, or significant way--such as by not doing the job when scheduled--you will be able to terminate the agreement without penalty.

If there was a start date in the agreement and its already passed, then they would already be in breach. If there was no start date, then you should send them something in writing, some way you can prove delivery (e.g. a fax and keep the receipt; certified mail, return receipt requested; fed ex with tracking; etc.) in which you indicate 1) when the agreement had been signed; 2) how much time has gone by since then; 3) how and how many times you have tried to get a date scheduled, to no avail; and 4) that if they do not schedule a date to do the work within the next, say, 15 business days from the receipt of the letter, you will consider them in breach of their contract. Then if they don't respond, or respond and either don't schedule or don't' actually do the work, you have established that they effectively repudiated the agreement by refusing to do the work or even provide a date certain.


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