What are the rights of an owner when a contractor fails to perform as promised?

In West Virginia, an owner has certain rights when it comes to a contractor failing to perform as promised. These rights are outlined in the West Virginia Construction Law, specifically when dealing with breach of contract. If a contractor fails to perform as promised, the owner has the right to terminate the contract. The owner can also seek legal and/or equitable remedies, such as the right of recoupment if they have already paid the contractor. This would allow the owner to recoup any costs associated with finding a replacement contractor. The owner also has the right to seek damages for any additional costs or expenses that are incurred due to the breach of contract. This would include any costs associated with finding and hiring a replacement contractor, as well as any architectural fees or delays in the progress of the project. Finally, the owner has the right to file a breach of contract suit against the contractor, which would allow them to seek reimbursement for any actual or consequential losses that they incurred due to the contractor not performing as promised. This could also include any penalties or fees, that the owner was obligated to pay, as a result of the breach of contract. In summary, an owner in West Virginia has several rights when a contractor fails to perform as promised, including the right to terminate the contract, seek damages, and file a breach of contract suit.

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What are the rights of an owner when a contractor fails to perform as promised?

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