You said that the contract was expired alomost a month ago? Is that right or you meant there was still a month left in the contract?
If the contract has expired, you don't have any obligation and you can find somebody else to finish the job. Now, the quesion is how to recover from that company. I would suggest that you wrote to them to notify them that their conduct will be considered breach and you will pursue legal action. Under common law there is no requirement to ask for assurance and give time to cure but just to be legally correct.
Now the legal action: since the contractor only finished 1/3, there will be no substantial performance and its conduct is a breach of contract. What you can recover from them is as follows:
1.Contract damage: your 50% payment, less 1/3 of the value of what the contractor has been done. I used value not price and I will explain later in the contractor's benefit section.
2.Consequential damage: any repair that needs to be done, the cost will be imputed on the contractor. You have to find a new contractor to finish the job so that whatever it takes to finish the job, the price will be imputed on the orginal contractor.
3. Incidental damage: any expense incurred, such as your driving to the job site to check, your phone calls to him, the expense for finding another contractor, such as phone calls. The original guy has to pay all of this.
4. Reliance damage: I assume you stayed somewhere else, such as an apartment. From the finish date in the contract until whatever date you finally move in, the guy has to pay for your rental cost. Assume the apartment is farther from your work and you have to drive extra miles, the guy needs to pay for the mileage as well.
Your pain and suffering will not be compensated by equity court, although you may still have a tort action for emotional distress.
If the contract still has a month to go, and the guy will apparently not be able to finish, you can write to him to ask for insurance. Normally you have to wait for the contract to expire before any legal action. Some jurisdictions allow acceleration and for that you need to check with a lawyer to decide.
If the contract has expired, you don't have any obligation and you can find somebody else to finish the job. Now, the quesion is how to recover from that company. I would suggest that you wrote to them to notify them that their conduct will be considered breach and you will pursue legal action. Under common law there is no requirement to ask for assurance and give time to cure but just to be legally correct.
Now the legal action: since the contractor only finished 1/3, there will be no substantial performance and its conduct is a breach of contract. What you can recover from them is as follows:
1.Contract damage: your 50% payment, less 1/3 of the value of what the contractor has been done. I used value not price and I will explain later in the contractor's benefit section.
2.Consequential damage: any repair that needs to be done, the cost will be imputed on the contractor. You have to find a new contractor to finish the job so that whatever it takes to finish the job, the price will be imputed on the orginal contractor.
3. Incidental damage: any expense incurred, such as your driving to the job site to check, your phone calls to him, the expense for finding another contractor, such as phone calls. The original guy has to pay all of this.
4. Reliance damage: I assume you stayed somewhere else, such as an apartment. From the finish date in the contract until whatever date you finally move in, the guy has to pay for your rental cost. Assume the apartment is farther from your work and you have to drive extra miles, the guy needs to pay for the mileage as well.
Your pain and suffering will not be compensated by equity court, although you may still have a tort action for emotional distress.
If the contract still has a month to go, and the guy will apparently not be able to finish, you can write to him to ask for insurance. Normally you have to wait for the contract to expire before any legal action. Some jurisdictions allow acceleration and for that you need to check with a lawyer to decide.
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