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Contractual Dispute -- how to protect against potential penalties for delays

WashingtonConstruction Contract

I'm in the middle of a very large home remodeling/rebuilding process in Washington state. My GC is annoyed with me because I have indicated I will source countertop and tile materials myself. (There are valid reasons for me to do this.) The contract and initial budget allowed for allowances for these items (as well as for electrical and other items), and indicated that I would be credited for any expenses I incur if I purchase the items (within the allowance amounts). Although the expectation was that the GC would procure these materials, there is nothing in the contract that says I can not purchase them myself (I have valid reasons). In fact, as noted, the contract says I will be reimbursed for these materials. He claims I am in breach of the contract but points to no specific language in the contract that would support this. Indeed, I have and continue to fully meet my contractural obligations. The GC is reacting by saying he's going to drop his obligation to manage/source the cabinets and the tiling and unilaterally re-do the contract -- and that I will need to do manage these jobs. This puts me in a very difficult position since in this current environment (excess demand for contractors) it will be extremely difficult to find an alternative sub-contractor to do the work. Moreover, the GC is likely to use any related delays (due to my having to find other contractors) to compel me to pay him additional compensation (the original contract allows GC compensation if the homeowner causes delays). I will likely be able to find new subcontractors but it is quite possible that given the time frame, this could delay other aspects of the overall work. Question: How do I negotiate/insert wording into an amended contract with the GC that protects me from incurring those additional charges due to the GC's unilateral decision to drop this part of the work?

4 replies

Jan 29, 2021
You need to call an attorney that does construction law. They have to check to make sure there is no conflict.
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Jan 29, 2021
Thanks for taking the time to respond. Grateful if you would explain what you mean by checking that there's no conflict?
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Jan 29, 2021
Making sure that the attorney you are consulting has not represented the other side. My office number is 360-534-9183.
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Feb 2, 2021
All I can think of is to draft an amendment stating what you want and ask him to sign it. If he is abdicating some of the work, make sure the amendment includes a reduction in the contract price.
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