Replies

1. 
   Ken_Layfield | Jun 28, 2001 12:37am | #1

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   I'm not sure for renovations but for new home construction the period is 180 days.

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   George_Roberts | Jun 28, 2001 02:12am | #2

   *I am not sure of your purpose.If you have a contract, the contract has dates in it?If it is just property sitting there and you want the materials, there is no abandonment.Around here building permits exipre after 180 days and then need to be renewed before work can be restarted.

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   James_DuHamel | Jun 28, 2001 03:04am | #3

   *That depends.In my contracts, if I am having a dispute with the clients, and I haven't been paid, and we haven't reached an agreement through arbitration, I am still considered the contractor on the job. In other words, I haven't abandoned anything. The client may wish to get another contractor to finish work, but I still have all my legal claims to the property and materials until I am paid in full, or an agreement has been reached.I have never been in this situation, but I am covered in my contracts for just such a situation.James DuHamel

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   SHGLaw | Jun 28, 2001 02:55pm | #4

   *Abandonment and getting paid are different issues. Abandonment is an intent, it can happen in a minute or a year. Any specific period would be subject to contract, and if the contract makes no provision, it is a matter of the party holding the other party in default for failure to perform.If the failure is on the part of the customer to pay, assuming the contractor to have been performing by providing work, than the contractor hasn't abandoned the job at all. If the contractor is presumed under the contract to be present and working every day and then fails to show without notifying the customer of a reason, then he has abandoned the job. If he has notified the customer, but the customer doesn't accept his explanation, than you have a potential breach and a lawsuit.But there is no fixed time that constitutes abandonment per se under general contract law. It may, however, be subject to state or local law.SHG

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   Ron_Teti | Jun 29, 2001 11:32pm | #5

   *What happened was a pal of mine is having problems with a contractor, hes been paying the contractor all along as per contract, nows its getting to the end of the job and the contractor wants to be paid and my buds telling him not til the job is completed to his satisfaction, its turning into a pissin contest contractor sending registered letters saying he wants to get paid my bud replying not until the job is completed to his satisfaction, threats of liens being filed and lawsuits being filed one issue that came up was did the contractor abandon the job because he hasnt performed any work due to the disagreement over pay vs completion. I read the contract and its pretty vague on alot of details including when the last payment is to be made. Its gotten ugly.

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   James_DuHamel | Jun 29, 2001 11:54pm | #6

   *Tell your friend to withhold 10% and pay the contractor the rest. Tell him he wants all work completed, and release of lein forms signed and filed BEFORE the 10% is to be paid. This is pretty standard, and most mediation sessions will lead to this arrangement.In any court, or any mediation, (under these circumstances) this method will prevail. Your friend will have complied with all reasonable efforts to satisfy the contract on his side, and now it will be up to the contractor.Withholding funds is a sure fire way to get the contractor to walk. And as long as a dispute about pay is present, the contrasctor will most likely have the upper hand, and NOT be considered abandoning the job.Next time, tell your friend to get very specific written details about how payments are to be made, and when. James DuHamel

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   Ron_Teti | Jun 29, 2001 11:54pm | #7

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   What is the critera for a job to be considered abandoned by a contractor. I was told by a GC bud that it is no work being performed for a period of 2 weeks. i think there has to be more to it then that.