With respect to the amount of time it has taken, if you and the contractor did in fact actually agree upon a fixed completion date and that date has passed, and the delay in completion of the project is not due to your own actions, you may be entitled to delay damages. Because delay damages depend upon the specific facts and circumstances of your situation and are sometimes difficult to quantify, many construction contracts specify a set dollar amount per day for delay damages. When a stated completion date is not firm or material to the parties, a construction contract often includes a "no damages for delay" provision to make it clear that you cannot seek damages for any delay in the completion of the work. If your contract has neither, you will need to discuss your particular situation in greater detail with an attorney to determine what compensable damages you have sustained as a result of the delay.With respect to below average work, there are two different legal standards involved:1. Work that does not meet the specific requirements of your contract is "non-conforming." You have the right to reject non-conforming work and to require the contractor to redo it regardless of how skillfully the contractor performed it. For example, if he was to paint something blue, but instead painted it yellow, you could insist that he redo it whether it was below average or superior in quality. 2. With respect to contractors making improvements or repairs to real property, the law provides an implied warranty of good and workmanlike services. That means the contractor's work must be done in the same manner as would a generally proficient contractor engaged in similar work under similar circumstances. "Below average" may or may not meet this standard depending upon how much "below" average the work is compared to what generally proficient contractor would have done.
Answered on May 11th, 2023 at 1:08 PM