Breech Of Contract Form

J F

it'll only do half the job...if you're lucky

Bob Incollingo

Seems a shame you took all that criticism and you didn't get an answer. Here's a clause that's good in New Jersey where I practice. Have it looked at and approved by your own local lawyer before you use some version of it. Have it looked at and approved by your local lawyer before you use some version of it. Do I need to repeat that?

"11. Owner Breach. The Owner breaches this Contract by failing to make any payment when due, and/or by failing to abide by any other obligation which the Owner has under the Contract Documents. If a breach of this Contract by the Owner continues for more than ten (10) days, Contractor may stop the Work until all past due amounts have been received and all other Owner obligations have been performed, and in the absence of a signed Change Order allowing an upward adjustment in the Contract Price to compensate it for direct and indirect delay damages due to halted Work or otherwise, Contractor may terminate the Contract and recover from the Owner contract damages, attorneys fees, costs of suit, and prejudgment interest on the unpaid balance from the due date until paid at the maximum rate allowed by law. The remedies provided for in this Paragraph shall not prevent Contractor from exercising its rights under the construction lien laws of New Jersey or any other right it may have in law or equity."

Electric_Light

You won't have to worry about contracts with me, because you won't get me to sign a contract with that many spelling errors in the first place.

sherryspann

Thanks Bob, I appreciate your help.

AJAX

That's great! I like "...and in the absence of a signed Change Order allowing an upward adjustment in the Contract Price to compensate it for direct and indirect delay damages due to halted Work or otherwise..."

That ties in nicely with HO's that change there mind in the middle of the job or right when your about to start that phase and it's delayed due to indecision. I'd add a change order fee and $ per day of delay!