Craftsman delays completion, how to proceed?

Hello,

our earthworks contractor has been postponing the remaining work after the house construction for months. We have a pile of earth sitting in the garden; he was also supposed to do the paving work including smaller masonry work.
There was an offer beforehand covering everything (without a time specification). After about 30% of the work was done, there was a partial payment request for it. Then another 20% was completed so far without any partial payment request.
Problem: the completion has been dragging on for months. Admittedly, it was cold and rainy for a long time, but even in warm sunshine someone was sick, another construction site had priority, or something else.
We are now at a point where we would like to commission another company with the remaining work. I assume we have to set a deadline for the first company before we can cancel the contract and award it elsewhere, right?
In this case, are we allowed to withhold part of the remaining invoice for the completed work, basically as a "penalty" and because we have been left in the middle of an earthwork mess?

Thanks for all tips.

Hello,

I know it is hard and difficult, but I would rather wait. He knows the circumstances and has already received funds.

Especially outdoor facilities are not a critical trade. And believe me, even after completion, you will dig up the garden five times. I was finished after 6 years!

So for us, it was winter in the last few months, I would still give him some more time. No one starts something bigger somewhere in January with 2-3 nice days.

Since there is no contract that includes penalty clauses, you cannot assert any. In general, the service provided must of course be paid for.

You are both of course right, I should have added a bit more detail. There are essentially two points: 1) For our construction, we had to dig away a part of the neighbors' garden including the wall for our excavation pit. The neighbors have now been waiting for this for about 6 months (after completion of construction) --> not that I am personally affected, but of course we caused it and have a duty to fix it 2) The company constantly says that we are priority 1 next, but unfortunately something always comes up again. Then I'll give it a few more days, 1-2 weeks. It's getting warmer now...

So the earthworks contractors in our (northern) region also work in winter. Especially since it hardly ever really freezes here. Unless your work involves concrete or planting, I see little potential for delays. The gentlemen still work in rain and cold. They don’t just sit at home for 4 months. And even in such cases, this must be taken into account by the company in their capacity planning and is nothing that should cause delays, especially since the winter was overall rather mild than cold.

I wouldn’t let any more time pass and would set a deadline. Otherwise, it will just add on top again. If according to their statements you are priority one, they certainly have no problem processing the order within the next month; a deadline shouldn’t hurt them.

The only problem I would clarify beforehand: Do you have a (faster) alternative at a similar price? Otherwise, you might end up without a solution.

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I wouldn't let any more time pass and would set a deadline. Otherwise, it just piles on again. If, according to their statements, you are priority one, they surely have no problem working off the order within the next month, a deadline shouldn't hurt them.
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It can also be turned around. If you are not priority one for the craftsman, as it seems, the deadline won't matter to him either. What does he have to lose? He was paid for the work done; usually, he is even overpaid at the beginning. That's where the problem lies ;)

Other clients, especially construction companies, have contracts with deadlines and therefore have to finish on time. They naturally take precedence. Here he has a lot to lose because those are the people who regularly keep him busy...