I have a signed contract with terms clearly stated that there's no breach of contract (on my part) if time delays are due to illness, holidays and Acts of God, however, I would now like to withdraw from an unfinished project that I am well extended on timelines due to things out of my control (illness with hospitalization, manpower over holidays). This 3 month projects has already taken 5 months and still lacks 2-3 at least. Rather than hold on to the contract to continue, can I, as the GC, dissolve the contract with the home owner with legal grounds? The foundation portion of the detached structure has just been completed with extensive excavation, plumbing, concrete. All City inspections have passed. We are at a good stopping point with balance between work and payments, in my opinion. My ultimate question here is, is does the GC have the option to dissolve a contract in Texas when the terms are being met but the contract timeline terms are just not realistic having unforseen circumstances happen after starting the project?
I recommend engaging an attorney to review your contract and advise you on your rights. Texas law does not give the contractor the right to "dissolve" the contract. The express terms of the parties' contract will dictate how one party or the other can terminate the contract. However, if no such terms exist, either party backing out of the contract would be a breach of the contract. Should a builder breach its contract, the owner would have a cause of action to recover any additional costs incurred in completing the construction beyond the original contract price.
The legal analysis would start with a review of your contract, and then extend to any communications which have occurred, including, without limitation, any requests for contract extension or notices of delay.
What apparently you seek is a termination for convenience, which typically is of benefit to an owner, and which typically a contractor cannot execute. But, it depends on the terms of your contract.
Typically, this is a matter to be negotiated with the owner. So, try negotiating a termination with the owner.
You really should retain a construction attorney to evaluate your legal rights and to provide advice.
Good luck.