Per our attorney, anything it costs above and beyond what the original 
contractor signed for is owed by the original contractor. If the original 
project was $100k and you had to pay someone else $300k to get it done, the 
original contractor owes you at least $200k, and anything else on top of that 
that you hadn't yet paid them. 




----- 
Mike Hammett 
Intelligent Computing Solutions 

Midwest Internet Exchange 

The Brothers WISP 




----- Original Message -----

From: "Steve Jones" <thatoneguyst...@gmail.com> 
To: "AnimalFarm Microwave Users Group" <af@af.afmug.com> 
Sent: Wednesday, October 30, 2024 5:12:59 PM 
Subject: [AFMUG] nonstart/noncompletion clause 


so I just had my first, probably not my last case of a subcontractor not 
starting a project and backing out. 


It does screw me with my reputation with the customer, but its what it is, I am 
lining up a new sub. 


My contract template has a non start/non complete clause of standard verbiage, 
the whole thing of basically the sub pays whatever it costs beyond any 
completed work. 


Im not going to enforce it in this case, but are these clauses actually 
enforceable? Like could I go hire somebody else at 3x the cost and bill the old 
sub? In this case Id doubt even with judement id see any dough, Im just curious 
if anybody has ever had to enforce this? 
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