contractor project delay

[adjusterjack]

Many if not most contractors will require a deposit.

Every contractor (there have been many) that I have dealt with in the last 40 years has waived the deposit to get the work.

It works both ways. Just as a consumer does not want to get stuck paying for work that is not done or completed,

The contractor has more protection against the consumer than the consumer has against the contractor. He file a lien on the house, easily win a lawsuit for his money, the homeowner can't just disappear. The consumer, on the other hand, has to chase down the contractor who may have an LLC with no assets, pay a lawyer, engage in a protracted lawsuit while the work still needs to get done. Even licensed and bonded contractors often exist by robbing Peter to pay Paul.

contractor does not want to get stuck with materials for a job that they can’t use, especially when the materials ordered are ordered to size for a specific project.

The customer can pay the supplier for the materials (as I do) then pay the contractor when the work is done.

I look at it this way. Builders don't pay contractors up front, I'm not going to either.

 

[quincy]

they asked for deposit, so these money was paid when 0% work had been done.

You probably could have, and possibly should have, negotiated a lower deposit. You may not see any of the deposit refunded if it was used to cover the costs of material specially ordered for your project.

Read your contract, and speak to the contractor.

 

[LdiJ]

Guys and Gals, having some experience in the contracting industry it is very possible that the contractor did NOT order the windows, but used the deposit money for other contracts in the works. Kind of a robbing Peter to pay Paul situation.

A window manufacturer is not going to take this long to produce and ship windows, even if they are custom. If I am right, the OP is not going to get his money back even if he can legally cancel the order. The contractor doesn't have it to give him back. If the contractor cares at all about his reputation he will eventually find a way to make good on the contract or possibly go bankrupt.

 

[Ohiogal]

Guys and Gals, having some experience in the contracting industry it is very possible that the contractor did NOT order the windows, but used the deposit money for other contracts in the works. Kind of a robbing Peter to pay Paul situation.

A window manufacturer is not going to take this long to produce and ship windows, even if they are custom. If I am right, the OP is not going to get his money back even if he can legally cancel the order. The contractor doesn't have it to give him back. If the contractor cares at all about his reputation he will eventually find a way to make good on the contract or possibly go bankrupt.

You are assuming a lot. And it could take this long with covid and such. When was your experience? You have nothing upon which to base this situation in the current environment.

 

[quincy]

mc_hockey didn’t mention what was discussed with the contractor prior to ordering the windows or what the contract says about completion date for installation.

If these windows after inspection and measuring were unusual windows in size or in style (as is often the case with windows in custom built homes or historic homes), it can take longer to make them. A delay in the order could be due to the manufacturer not being able to get necessary materials. There could be a similar problem with any order from Home Depot or other outlet, too.

If the windows have yet to be made, termination of the contract and a refund of the deposit would be more reasonable. But there is way too much NOT known right now, such as the terms of the contract itself, to know if the contract can be canceled without penalty and deposit money refunded. I certainly do not think it warranted to attribute the delay to a “rob Peter, pay Paul” action on the part of the contractor, though. That could be defamatory if false.

 

[Ohiogal]

mc_hockey didn’t mention what was discussed with the contractor prior to ordering the windows or what the contract says about completion date for installation.

If these windows after inspection and measuring were unusual windows in size or in style (as is often the case with windows in custom built homes or historic homes), it can take longer to make them. A delay in the order could be due to the manufacturer not being able to get necessary materials. There could be a similar problem with any order from Home Depot or other outlet, too.

If the windows have yet to be made, termination of the contract and a refund of the deposit would be more reasonable. But there is way too much NOT known right now, such as the terms of the contract itself, to know if the contract can be canceled without penalty and deposit money refunded. I certainly do not think it warranted to attribute the delay to a “rob Peter, pay Paul” action on the part of the contractor, though. That could be defamatory if false.

Consider I said most this in POST 2 when I told him to have the contract reviewed by an attorney in his area. Good grief. Apparently my post is chopped liver. I also mentioned that we don't know why there was a delay.

 

[LdiJ]

mc_hockey didn’t mention what was discussed with the contractor prior to ordering the windows or what the contract says about completion date for installation.

If these windows after inspection and measuring were unusual windows in size or in style (as is often the case with windows in custom built homes or historic homes), it can take longer to make them. A delay in the order could be due to the manufacturer not being able to get necessary materials. There could be a similar problem with any order from Home Depot or other outlet, too.

If the windows have yet to be made, termination of the contract and a refund of the deposit would be more reasonable. But there is way too much NOT known right now, such as the terms of the contract itself, to know if the contract can be canceled without penalty and deposit money refunded. I certainly do not think it warranted to attribute the delay to a “rob Peter, pay Paul” action on the part of the contractor, though. That could be defamatory if false.

Most contractors, particularly smaller ones, do not segregate monies to each job on a cash basis. They use whatever money they have in a given week to handle their needs in a given week. That honestly means that sometimes buying/paying for materials for future jobs gets delayed.

Having been on the distribution side of the construction industry I will tell you with all honesty, that even a manufacturer of the most custom of windows, would not take this long to produce the windows...and if they did, they would be giving very thorough explanations as to why.

 

[Ohiogal]

Most contractors, particularly smaller ones, do not segregate monies to each job on a cash basis. They use whatever money they have in a given week to handle their needs in a given week. That honestly means that sometimes buying/paying for materials for future jobs gets delayed.

Having been on the distribution side of the construction industry I will tell you with all honesty, that even a manufacturer of the most custom of windows, would not take this long to produce the windows...and if they did, they would be giving very thorough explanations as to why.

How do you know that they don't do that? Seriously. HOW DO YOU KNOW THAT?

 

[quincy]

I am sure all of those waiting for delivery on goods sitting in containers on the Ever Given might have a few complaints about delays, too. But sometimes things happen that are beyond one’s control.

It is important to know the facts before it can be determined if there is a legal remedy that comes with no penalty. We know already that the contract can be breached and the order cancelled.