Real Estate
HVAC Contract
New York
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?
Answers from 1 Lawyer
Answer
Real Estate
New York
Arthur S.
ContractsCounsel verified
July 12, 2024
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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