What are the rights of an owner when a contractor fails to perform as promised?
When a contractor fails to perform as promised, the owner has several rights under construction law in Washington. First, the owner may have the option to sue the contractor for breach of contract. The owner can file a lawsuit against the contractor that can result in an award of damages. The damages may include the cost for the completion of the project, the cost of any repairs, and any costs related to losses from the poor performance of the contractor. Second, the owner may have the right to suspend the performance of the contractor. This power should be used if the situation becomes serious and the contractor is not meeting the terms of the contract. The owner can suspend the performance without penalty as long as the contractor has failed to fulfill the terms of the contract. Third, the owner may be able to terminate the contract and hire a different contractor. If the contractor fails to perform adequately, the owner can express dissatisfaction with the contractor’s performance and give the contractor an opportunity to cure or remedy the defect. If the contractor fails to cure or remedy the defect, then the owner can terminate the contract and hire a different contractor. Finally, the owner can seek a return of any payments made to the contractor. If the contractor failed to perform according to the terms of the contract, the owner might be able to seek return of the payments made to the contractor for the project. These are the rights of an owner when a contractor fails to perform as promised under construction law in Washington.
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