Breach Contact

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EEC

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If Homeowner breaches contract, does EC have right to change terms of agreement?. Such as demanding payment up front for remainer of project.
 
There is a call in talk radio show that is syndicated called Handel On The Law. Google it for a local radio station pickup. Call the guy and ask him for free advice. Not trying to say you can't get some pretty good legal advice here, but a real attorney for free is even better. A breech is a breech in most cases, but you have to prove one was done.:)
 
EEC said:
If Homeowner breaches contract, does EC have right to change terms of agreement?. Such as demanding payment up front for remainer of project.
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It *may* depend on what your contract says...or if you contract even addresses such an issue.

W/O having seen your contract...IMHO, I would say "2 wrongs don't make a right" - such as demanding full payment or changing terms, inspite of a breech.

First we have to consider:
What exactly was breeched?
 
Obviously, I'm not a lawyer so don't quote me on this but from what I remember about basic law, if there is a breech of contract by one or both parties, that contract is no longer valid and the components of that contract have to be evaluated by lawyers. As the others have mentioned you'll have to determine if a breech actually exists but if we can assume, for a moment that it does, then you can make any demands you wish (not that you'll get them) because, in essence, you'll have to enter into a new contract
 
Breach of contract is a very specific legal term. Generally, you cannot just say someone has breached the contract and it is so. A court often has to make these determinations, and for that you have to go to court. When you get there, it is unlikely the court is going to force anyone to perform his contractual obligations if the other parties have not.

There are also some issues that are not obvious. For instance, the UCC covers a lot of things that are not covered in many contracts, and your state may have specific laws contractors are required to follow regardless of what the contract actually says.

In the end, it is best if you are able to just work these things out without having to resort to legal process. it is just too expensive, even if you "win".

However, in no case can the contractor "change the terms of the contract". The contract is something mutually agreed to by the two parties and neither party has the right to change it unilaterally.
 
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