The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Kansas Complaint Against Building Contractor for Failure to Complete Construction: A Detailed Description Keywords: Kansas complaint, building contractor, failure to complete construction, breach of contract, construction project, legal action, compensation, damages, construction delays, unfinished construction Introduction: When engaging in a construction project, property owners in Kansas expect their chosen building contractor to complete the project in a timely and satisfactory manner. However, in cases where a building contractor fails to fulfill their contractual obligations, property owners may file a complaint against the contractor seeking legal action to rectify the situation. This article will provide a detailed description of the different types of complaints that can be filed in Kansas against building contractors for their failure to complete construction projects as agreed upon. 1. Breach of Contract Complaint: A breach of contract complaint is the most common type of complaint against a building contractor for their failure to complete construction on time or meet the agreed-upon specifications. This complaint asserts that the contractor has violated the terms and conditions outlined in the construction contract, resulting in significant harm or monetary loss to the property owner. 2. Construction Delays Complaint: Property owners may file a complaint specifically addressing construction delays caused by the building contractor. Such delays can disrupt the entire project timeline, causing inconvenience and additional expenses for the property owner. This complaint seeks compensation for the losses incurred due to the delayed completion of the construction. 3. Unfinished Construction Complaint: Property owners may file a complaint when a building contractor abandons a construction project before its completion. This complaint alleges that the contractor has failed to fulfill their contractual obligations by leaving the construction project unfinished, often resulting in unnecessary financial and logistical burdens on the property owner. 4. Deficiency Complaint: A deficiency complaint can be filed against a building contractor for their failure to meet the quality standards and specifications outlined in the construction contract. This type of complaint asserts that the building contractor has provided substandard workmanship or used inferior materials, compromising the overall quality and integrity of the construction project. 5. Damages Complaint: In cases where the building contractor's failure to complete construction has directly caused financial losses to the property owner, a complaint seeking damages can be filed. This complaint aims to recover any monetary losses incurred due to the contractor's negligence or breach of contract. Conclusion: When a building contractor fails to complete construction as agreed upon, property owners in Kansas have the right to file various types of complaints to address the issues at hand. These complaints range from breach of contract and construction delays to unfinished construction, deficiency, and claim for damages. Seeking legal action through a formal complaint allows property owners to protect their rights, seek compensation, and potentially resolve disputes associated with the contractor's failure to complete construction effectively.
