Absolutely, you can sue a contractor for unreasonable delays. However, to win such a lawsuit, you must prove that the delays were, indeed, unreasonable. What’s unreasonable to you may mean a different thing to a judge.
Further, if time is a crucial concern to you, in the contract you must add a time is of the essence clause. This will allow you to set out the expectations regarding the project timeline.
The contract should include a remedy and some form of financial penalty, so that everyone, including the contractor, is aware that he or she must complete your project in, say, forty days. If not, every day after that will incur a penalty of a certain amount.
Also, the contractor needs to agree to the set timeline. Otherwise, a lawsuit on unreasonable delays is difficult to win unless the amount of time is appalling. And that happens more often than people think.
Sometimes, contractors come in and get started on a job and then they don’t come back for 40 days.
Later, they come back and do a day’s work and then leave again for another 40 days or so. In such cases, even with no supporting paperwork, you can sue the contractor and win a breach of contract on the grounds of unreasonable delays.
What Other Measures Can You Take When A Contractor Is Delaying Your Project?
Don’t Rush To Sue the Contractor
Criminally charging a contractor should be the last resort. That’s because sometimes a simple but serious conversation can be productive. Politely but firmly remind the contractor about what they promised.
Ask the contractor to explain from their perspective what the problem is. Is the project more complicated or is it more expensive than expected? Is it because the supplies or appliances needed aren’t available? See if you can solve the problem or delay without going to court.
Convey Your Concerns In Writing
As a second option, assuming you don’t want to hire a contractor fraud attorney, write a letter to the contractor. State clearly what was promised by quoting the contract, especially if a written contract exists, and explain what’s happening currently. Is the project four months behind schedule? Did the contractor install blue tiles instead of yellow tiles?
Sometimes, a written letter outlining your grievances can get more traction than a mere conversation, especially if you include a line at the end that you reserve all your remedies and legal rights.
To learn more about what to do if a construction company damaged your property, click this link.
Try Small Claims Court, If Everything Fails
If the above options get you nowhere, you may need to sue the contractor to get their attention. Small claims courts may or may not be the right avenue. That’s because these courts have limited jurisdiction, so the judges’ hands are tied regarding what they can do for you.
Typically, small claims courts only award monetary damages. So, for instance, a judge can’t order the contractor to complete any incomplete work. To get this type of order, which is often referred to as “equitable relief,” you’ll need to file a complaint in the trial court.
Also, in Virginia, small claims courts have a financial limit on damage awards of $5,000. This means that, in Virginia, you can’t sue a contractor in a small claims court for an amount that’s more than $5,000.
You shouldn’t file a lawsuit in small claims courts unless it’s a must. That’s because once you sue the contractor, the work on your project will come to a screeching stop.
However, the primary benefit of going to a small claims court is that you don’t need to hire a contractor fraud lawyer to represent you. The documentation is straightforward and caters to unrepresented litigants. This saves you money and time. Also, filing a lawsuit may scare the contractor into complying with the original contract.
Never let a contractor get away with delaying your project for months and months. Although you can sue the contractor for unreasonable delays, this doesn’t mean you should rush to court.
Talk to the contractor to see what’s causing the delay and express your concerns in writing. If this doesn’t work, then you can go to the small claims court or the general trial court.