In article ,
v wrote:
On Wed, 13 Aug 2003 15:45:51 +0000 (UTC), someone wrote:

You are talking an anticipatory breach, and a questionable one as we
have only the hysterical homeowner who somehow "knows" the contractor
is a "liar" OBJECTION OBJECTION as they say.

OP here. First, I appreciate the input; thanks.

But, how can you classify a lockout as 'anticipatory breach'? The
contract says he will complete by the 30. If he is not complete by
midnight on the 30th, HE is in breach. If I lock the doors at 12:01
(which is what I meant, perhaps I was not clear) then I am not in
breach at all, correct?

I think OP is much too quick on the trigger, is mad about 'delay' and
not having use of his 1st floor even before the due date, just
frustration, he needs a valium and a vacation, and whn he comes back
maybe it will be done!

I think you're reading me incorrectly. I have no problem with the
contractor taking the full period of the contract (up to and including
the 30) to finish. However, it is clear to everyone that this will
not happen. Two weeks remain (on a 16 week job), and only 30% of the
work has been completed. Items with long lead times (woodstove
(several weeks), hardwood flooring (5 weeks), granite slabs (2 weeks))
have not even been ORDERED yet. I'm not trying to jump the gun, I
just want to be prepared for the inevitable when it happens.

Again, thanks for the input. I realize I mad mistakes in the
contract (no specific remedies, no 'time is of the essence', etc.) and
at this point I'm just trying to figure out the most graceful way to
recover from this. Letting the contractor go along at his pace
without any additional 'motivation' means I probably won't be in the
house until Thanksgiving, which is unacceptable to me.

Kelly