We hired a local company (Vancouver, BC) to fabricate and install our kitchen cabinet. We signed the contract long ago (March 2013) and not until August 15 did we finalized the design and go ahead with the production. The company delivered the lower cabinets so we could proceed with our countertop installation 3 weeks later. Right after that, the owner had an injury and had a surgery.
We have a written contract but we did not specify the estimate delivery date. During our original contact, we were told it'll take 6 - 8 weeks for them to deliver everything. The only clause on the contract is: "Schedule will be discussed prior to production"
We are now on our 8th week and during our last contact with the company, they said they won't contact us till 10th week, and they can not deliver more than another 1/3 of the material. They told us not to contact them at all since they're so busy at other commitment.
They are already paid with 85% of the total project (as specified in the contract they provided). My wife and I are super frustrated now and not sure what can we do. We don't think taking any legal action will benefit us as the contract we sign does not specify any dates and they already have the money.
Is this consider breach of contract? I'm sick of hearing their excuse again and again.
I too had a rather unpleasant experience with a cabinet supplier which has operations based in Vancouver with product that may come from China (Reliable).
It sounds like they will be losing money to complete your order making the delay understandable. Perhaps they are waiting for more product from their supplier.
One possible thought to encourage action is a threat to go to the media or social media such as this. Did you check their reviews before purchasing? I didn't.
If you have paid for more work than what is in place it could be illegal as your contractor would require licensing and bonding as a 'licensed prepaid contractor' to do so; odds are they aren't. In Alberta you can Google this question and be led to a government website listing all such contractors.
Others may be interested to know the name of the company if you wish to share before you're through your hurdles.
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