On behalf of Kadish & Associates Law Group posted in Construction Litigation on Friday, August 28, 2015.
Nearly everyone who works in construction here in Arizona knows that few general contractors do all of the work required for a project themselves. Often, subcontractors are hired to perform specific tasks to certain standards and within a specified amount of time. When subcontractors fail to meet the specifications and deadlines outlined in their contracts, the general contractor may file construction litigation.
For example, a general contractor was responsible for building a house worth somewhere in the neighborhood of $1.3 million. He hired a subcontractor to work on the siding, framing, stairs and other parts of the home. The subcontractor was required to meet a certain deadline.
The subcontractor ended up in the hospital three times. He then told the general contractor that he could only work on the Texas builder’s project on the weekends due to a commitment to another builder. The subcontractor failed to complete the work by March15, 2015, as specified in the contract. According to the contract, the builder is entitled to $150 per day in damages until the work is done. In his lawsuit, the builder alleges that the subcontractor has yet to complete the work as agreed.
Therefore, he filed construction litigation in order to collect the damages to which the contract says he is entitled. As would be the case in such a claim here in Arizona, the builder will first need to show the court that the subcontractor is in breach of the contract. If the court determines that a breach occurred, the builder may be awarded the damages he seeks.
Source: setexasrecord.com, “Custom homebuilder sues contractor, alleging breach of contract”, Emily Moore, Aug. 21, 2015