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Home Q&A Forum Can I terminate an HVAC contract if the contractor fails to complete the agreed-upon work within the specified timeframe?

Real Estate

HVAC Contract

New York

Asked on Jul 3, 2024

Can I terminate an HVAC contract if the contractor fails to complete the agreed-upon work within the specified timeframe?

I hired a contractor to install a new HVAC system in my home, and we signed a contract that stated the work would be completed within four weeks. However, it has been three months, and the contractor has not finished the installation. Despite numerous promises and excuses, there has been no progress made, and I am growing increasingly frustrated. Can I terminate this HVAC contract due to the contractor's failure to meet the agreed-upon timeframe?

1 Attorney answer

Answer

Real Estate

New York

Answered 37 days ago

Arthur S.

ContractsCounsel verified

Business Lawyer
Licensed in New York
Free Consultation

Simple answer...yes. The failure of the contractor to timely complete performance through no fault of the homeowner can be the basis for termination of the contract. Of course, the terms of the contract will control on this subject. It is customary for contracts to require that a written notice be provided by the homeowner to the contractor setting forth, in reasonable detail, the nature and scope of the default by the contractor and requiring that the default be cured within a state time period following delivery of the notice...failing which, the homeowner will be entitled to terminate the contract and, in certain instances, seek recovery of damages by reason of such default..

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