Breach of Contract - Sue for Damages or Terminate the Contract
Contracts are prepared to avoid conflicts. Contracts are a piece of paper that contains information related to the tasks that need to be performed. Failing to complete the contract as stated in the contract leads to a breach of contract. There are various types of contracts stated by the law like employment contracts, building contracts, etc. Here we only talk about construction contracts and factors related to breach of contract. Construction is a long-term process, too many steps are involved in construction. You can sue your contractor by hiring construction dispute lawyers perth. Tweak in any steps leads to a breach of contract and will force the client to file the claim. Letís talk about a few reasons for the breach of the construction contract:-
It is a clear sign of breach of contract if you are witnessing the following things in your building -
- Use of Poor Quality Material -
Leakages and cracks will help you diagnose that poor-quality material is used while constructing your house. It's time to go for breach of contract if you are witnessing these issues in your constructed building or house.
- Few works left half-finished -
It has been seen many times that the contractor delivers half-finished work like leaving small plaster patches, stairs not molding properly, and unpolished marble flooring. Such half-finished work leads to a breach of contract. In this case, only one option for termination of the contract is left. Suing doesnít work here because partial work is pending rest is completed.
- Delay in Project -
This is the most reason for the breach of contract. The contractor should make sure that the project gets delivered on time. Otherwise, it will increase the temptation of the client. The client can sue the contractor for this carelessness.
- Final Work is not as per the expectations -
The contract is made with the purpose of comparing the work done with the work expected. Thatís why work is clearly described in the contract to avoid late disputes. If work done doesnít match the expectations client can go for the breach of contract and claim damages for this.
- Work is not value for the money -
Everyone wants a service or product that provides 100% satisfaction and guarantees value for the money. The same is the case with construction. The work done should be 100% value for money. Otherwise, there will be a breach of contract
- Contractor does not respond to your calls, text messages, or emails -
The contractor must continuously update their client about the progress of the work. The client is authorized to file for the breach of contract in case the contractor refuses to pick up the call and reply to the text messages.
What should you do know if there is a breach of contract?
You can sue for the damages or terminate the contract. Letís check out how?
Sue for the damages
Construction demands a lot of money, a building cannot construct with pennies. If you are not happy with the work, you can sue your contractor and claim the damages. But before suing your contractor make sure you collect all the necessary information to prove your point in front of the court.
There are various advantages and disadvantages of suing for the damages
Advantages of Suing contractor:-
- You will be rewarded with money if you win the case
- You will get work done as per your expectations
Disadvantages of suing contractor:-
- You will entangle legal proceedings.
- Burden of Money, time, and energy.
- You need correct documents to prove your point
Termination of contract:-
If you are not ready to sue for the damages. Another way is to terminate the contract. Termination of contract saves you from legal proceedings.
Vicky Taneja is a freelance writer working on publishing her own book and learning fast through Self Publishing Schoolís blog and podcast.
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