Liability for Delays: Get Advice!

Questioner

I have a question about liability. At the beginning of August, work began on installing new glazing in our house. This was supposed to be completed in the first week of August. It's now the beginning of December, and the glazier still hasn't installed all the glazing. There are several reasons for this: the wrong glass was delivered, the glass was measured incorrectly, the glass was delivered broken, it wasn't properly sealed (it needs to be resealed), etc. At the start of the project, we indicated that all our outdoor awnings had to be removed before the glazing could be installed. Otherwise, the glass couldn't be installed. The problem is that while the screens can be removed, the motors can't. The motors are attached to the facade, which we've carefully covered to protect from rain and moisture. We've repeatedly emphasized the importance of a quick installation so the screens can be reinstalled. We've expressed our concerns several times, fearing that the delays on their part will cause the motors to suffer too much and possibly break. Last weekend we were finally able to put up the screens, but to our dismay, most of the motors stopped working. It was truly awful, as motors cost a fortune. We would very much like to know whether we can hold the company liable for the consequential damages, as we have now suffered a delay of 4.5 months due to their actions and as a result we are now left with broken engines.

Questioner

The question is whether firm deadlines were agreed upon, or did you repeatedly agree to postponements? To recover the damages you mention from the contractor, you must assert and prove that these damages were caused by the contractor's actions, errors, or neglect. Ideally, you should have notified them in writing of the contractor's non-compliance due to the postponement and of your concerns about the exposed engines, a consequence that occurred. Another question is the durability and life expectancy of the engines. After all, if successful, you will only receive the current market value. I would be happy to assist you in writing to your contractor, i.e., a liability claim. Will you please contact me immediately?