What is our legal recourse if our contractor has not met his deadline?

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What is our legal recourse if our contractor has not met his deadline?

We have a contract with our contractor with a 6 month deadline for a renovation completion. He went ove rbudget and has yet to meet the deadline.

Asked on January 3, 2011 under Business Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You could sue the contractor for breach of contract for going over budget and not completing the renovation within the time specified in the contract.

Your damages (the amount you are seeking to recover in your lawsuit) would be the excess cost and the adverse consequences you incurred due to the renovation not being completed within the time specified in the contract, etc.  You will need to mitigate (minimize) damages which means that if reasonable measures can be taken by you to minimize the effects of the delay in completion, you would have to take those measures or your damages will be reduced accordingly. 


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