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New York Construction Law Blog

Taking action when subcontractors don’t complete their work

Posted by Karl Silverberg | Aug 13, 2021 | 0 Comments

Whether you help remodel historical buildings, design and erect new facilities or retrofit existing edifices to make them more environmentally friendly, your company may not have all of the skilled staff it needs for big projects.

It is common for businesses in the construction industry to work with subcontractors for specialized services for their projects. Subcontractors can do everything from wiring buildings to installing flooring with an expert touch.

Unfortunately, if a subcontractor does not follow through on their obligations to your company, that could push you out of compliance with your clients and delay your schedule. What do you do when a subcontractor doesn't complete their work?

Communicate to determine the cause of the issue

Perhaps the subcontractor you hired only has a staff of three, and all of the team recently contracted the same illness. Maybe there was a communication error, which meant that their executive assistants did not put the work onto their schedule.

In some cases, informal communication or a written notice of default on contractual obligations can lead to a subcontractor following through on their promises to your company. If they don't, you may then have to go to court.

A judge can order them to complete the contract

If you have a written contract with a subcontractor and have already fulfilled your end of the agreement, going to court can help resolve the issue. Adjudged can review the contract and order specific performance.

Essentially, a judge's authority can compel the other party in a contract to complete the services they originally agreed to provide. It can be all too easy for a subcontractor to ignore their written agreement with you, but ignoring the court order can mean far more serious consequences.

Understanding the right way to handle a construction dispute with a subcontractor will help you get your project done and receive the services for which you have paid.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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