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Matt
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I have a landscaping sub contractor that started out great on a project. For the last month I have been having problems getting him to not only show on site but supply materials he supposedly ordered .

My question is i have been trying to find a notice to give him. Someone mentioned a (72 hour ???) to perform his contract but I could not find one. Unfortunately i did not have a clause in my contract at the time to deal with delays from subs ( i do now ). any advice on this would be helpful.


Matt
 

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Tell him get it done or ill get someone who will with the balance of your contract. ...
 
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General Contractor
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I agree with John, tell him get it done or else. You don't need clause, and I'm sure same goes for him, he don't have any listed.

It all boils down to performance on his part and his obligation under contract.
If he is not doing what he said he will do, he is in Breach... Document everything, letters, calls, emails, etc. Give him a # of days to complete, make sure it's done in writing and do what have to be done not to have any delays on your project.
 

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I have a landscaping sub contractor that started out great on a project. For the last month I have been having problems getting him to not only show on site but supply materials he supposedly ordered .

My question is i have been trying to find a notice to give him. Someone mentioned a (72 hour ???) to perform his contract but I could not find one. Unfortunately i did not have a clause in my contract at the time to deal with delays from subs ( i do now ). any advice on this would be helpful.

Matt
Oh oh, did you give him a draw meant for the " materials he supposedly ordered" ? If so that changes your options for bringing in a replacement doesn't it ?
 

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If he is holding your money or your materials which you did not specify in your post, then demand performance with a reasonable deadline for starting back up, specific daily progress and a finish deadline or immediate return of your money and materials with specific times and dates.

If he doesn't respond by the deadlines, and he is holding your money or materials then it depends on how much and if it's worth legal action. I have worked out small amounts in the hundreds with barter or payments.

IF it's in the thousands or tens of thousands, then it's a cost benefit analysis if it's worth legal or other action requiring your time and money.

Reposessing materials ordered is also an issue that you may need to tackle.

I would talk to him in person first to see if he will cooperate with a cordial settlement. Without knowing what is going on, it's rarely wise to go all hard azz until you get to the bottom of it. Sometimes something embarrassing is going on that they don't want to admit. Giving a chance to tell you what the problem is sometimes is enough to get them to turn over your materials owed and make payments on the balance owed.

He will likely tend to dig in if you skip this step. A good way to start the conversation is "I am going to give you a chance to do the right thing and make this right..."

Sounds like it's time to end the song and dance and get to the bottom of it and make a plan to settle up.
 

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I have a landscaping sub contractor that started out great on a project. For the last month I have been having problems getting him to not only show on site but supply materials he supposedly ordered .

My question is i have been trying to find a notice to give him. Someone mentioned a (72 hour ???) to perform his contract but I could not find one. Unfortunately i did not have a clause in my contract at the time to deal with delays from subs ( i do now ). any advice on this would be helpful.


Matt
Sounds like you already paid him. It also sounds like he spent the money that was suppose to furnish materials.
 
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