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ASKED ON 02/22/2012

WHEN HIRING A CONTRACTOR, CAN YOU SPECIFY A DATE IN WHICH A JOB MUST COMPLETED BY? IF SO, WHAT CAN I DO IF HE FAILS TO COMPLETE ?


I AM PLANNING ON HAVING MY FENCE REPLACED AROUND MY POOL. I DON'T WANT THIS TO DRAG OUT. I WANT IT COMPLETED BEFORE I OPEN MY POOL. I HAD A BAD EXPERIENCE LAST YEAR WHEN WE ADDED A ROOM ADDITION. ON FEB.15 I REQUESTED TO HAVE THIS PROJECT COMPLETED BEFORE MAY! THEY DID NOT COMPLETE THIS PROJECT UNTIL JULY 29TH. (5 MONTHS!!) WE HAD A MESS MOST OF THE SUMMER. THEREFORE WHAT CAN I DO TO PREVENT THIS FROM OCCURRING AGAIN?


Voted Best Answer

You have the option to author a contract with specific "service level agreements". For example, the well defined scope of work being completed by a specific date. The question then is what are the penalties or incentives for achieving or failing to achieve those SLA's.

My sense is it may be difficult to find a qualified contractor to agree to a punitive clause in the contract. Nor are they likely going to want to spend money on a lawyer to assist with reviewing and drafting a clause which releases them from liability for events that delay completion that are outside of their control.

Also, you probably don't want to run the risk of shortcuts and sloppy work resulting from a rush to get done or don't get paid mentality

So thats the contractual route.

My advice is to do your homework and choose a contractor with solid reviews and who's references consistently report accurate timeline and budget performance.

Source: http://HMDhome.com

ANSWERED ON 02/22/2012

Answers

You have the option to author a contract with specific "service level agreements". For example, the well defined scope of work being completed by a specific date. The question then is what are the penalties or incentives for achieving or failing to achieve those SLA's.

My sense is it may be difficult to find a qualified contractor to agree to a punitive clause in the contract. Nor are they likely going to want to spend money on a lawyer to assist with reviewing and drafting a clause which releases them from liability for events that delay completion that are outside of their control.

Also, you probably don't want to run the risk of shortcuts and sloppy work resulting from a rush to get done or don't get paid mentality

So thats the contractual route.

My advice is to do your homework and choose a contractor with solid reviews and who's references consistently report accurate timeline and budget performance.

Source: http://HMDhome.com

ANSWERED ON 02/22/2012