Meaning
Party to a construction or service agreement who fails to meet obligations or participate in the resolution of disputes. An uncooperative contractor often ignores communication, misses deadlines or refuses to grant access to a project site. This behavior creates a breach of the implied duty of good faith and fair dealing.
It often leads to the invocation of default clauses.
Termination Process
The process for removing the party requires strict adherence to notice provisions. Before a contract is ended due to an uncooperative contractor, the owner must usually provide a formal notice to cure.
Financial Recourse
Recourse often involves calling upon performance bonds or bank guarantees. If the project stalls because of an uncooperative contractor, the owner can use these funds to hire a replacement. The cost of completion is then charged back to the original party.
Dispute Evidence
Documentation of every missed meeting and unanswered email builds the case. When dealing with an uncooperative contractor, a clear paper trail is the best defense in arbitration. Courts look for evidence of repeated attempts to resolve the issue before drastic measures were taken.
This log should include dates, times and the specific personnel involved in each attempt.
