Legal Question in Construction Law in California

Construction delay and claim for consequential damage

My contractor and I signed a contract to complete a complete house remodeling job for 6 months. However, he delayed the job and now is 3 months overdue and still not done. I would say 50% of the delay was caused by the contractor for spreading himself too thin and have too many jobs, and the other 50% of the delay was caused by permit requirements. My question is can I claim consequential damages caused by the portion of the delay caused by the contractor? I had to pay a large amount for extra months of rent, extra moving fee, and many extra cost for construction due to the delay. One thing I should note is that the contract I signed was prepared by the contractor and it didn’t have any language on liquidated damages. So can I still claim consequential delay damages if I can provide proof of contractor’s delay and my damages?


Asked on 1/16/19, 10:24 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yes.

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Answered on 1/17/19, 10:13 am


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