Contractor Keeps Delaying Start Date? Your Ultimate Action Plan

You’ve done the hard work. You vetted contractors, compared bids, and signed a contract for your exciting new home project. But the promised start date came and went, followed by an excuse and a new date, which has also passed. Now you’re stuck in a frustrating loop, wondering if your project will ever begin.

This situation is maddeningly common, leaving homeowners feeling powerless and anxious. A delayed start can throw your entire life into disarray, costing you time, money, and peace of mind. This guide provides a comprehensive action plan to help you navigate the excuses, understand your rights, and get your project back on track.

Why Your Contractor Is Really Delaying the Project

Understanding the root cause of the delay is the first step toward finding a solution. Delays generally fall into two categories: legitimate, unforeseen circumstances and inexcusable red flags. Distinguishing between the two is crucial for determining your next move.

Legitimate Delays vs. Serious Red Flags

Some delays, while frustrating, are a normal part of the construction world. These are often outside of your contractor’s direct control. Issues like severe weather events, widespread supply chain disruptions for specific materials, or delays in the municipal permitting office can genuinely push back a start date.

However, many excuses signal deeper problems. Poor communication, a lack of a revised schedule, and requests for more money before work starts are major red flags. These often point to a contractor who is disorganized, overbooked, or financially unstable—problems that will likely plague the entire project.

Decoding Common Contractor Excuses

Contractors have a playbook of common reasons for delays. While some are valid, others are smoke screens for poor management. It is essential to know the difference to protect your investment and timeline.

A frequent excuse is a delay with a previous job. While this can happen, a professional contractor should manage their schedule to allow for reasonable overlap and contingencies. Constant delays because “the other job is running long” suggest your project is not a priority and that the contractor has overcommitted their resources.

Another common reason cited is waiting on subcontractors. A general contractor’s primary job is to manage these trades. If their plumber or electrician is holding up the start, it reflects on the contractor’s lack of organizational skills or poor relationships with their team. Similarly, blaming permitting issues can be a red flag; experienced contractors know how to navigate the permitting process and should have applied for them well in advance. Understanding the typical permit cost for an electrical panel replacement and its timeline, for example, is part of their job.

To help you assess your situation, the table below outlines common delay types, their potential legitimacy, and the key questions you should ask.

Type of Delay	Potential Cause & Legitimacy	What to Ask Your Contractor
Material & Supply Chain Issues	Can be legitimate, especially for custom or imported items. However, can also be a sign of poor planning or non-payment to suppliers.	“Can you provide the order confirmation or communication from the supplier detailing the delay?”
Previous Job Overrun	Legitimate for a few days, but a major red flag if it’s weeks or months. Indicates poor scheduling and overbooking.	“What is the new, guaranteed start date for my project, and what is your plan to prevent further schedule conflicts?”
Subcontractor Scheduling	A core responsibility of the GC. Delays here suggest poor management or relationships.	“Who is the subcontractor, and when are they scheduled to be here? Can you confirm their availability?”
Permitting & Inspection Delays	Can be a legitimate municipal issue. Can also mean the contractor failed to submit paperwork on time.	“Can I see the permit application and any communication with the city? When was it submitted?”
Weather Events	Legitimate for extreme conditions (hurricanes, blizzards, floods). Not legitimate for typical seasonal weather.	“How many days were lost, and how will you adjust the schedule to make up for this time once conditions clear?”
Personal or Family Emergency	Legitimate, but a professional business should have a contingency plan. A prolonged absence is a major issue.	“I understand, I hope everything is okay. Who will be managing the project in your absence to ensure we can start?”

Your Initial Action Plan: The First 48 Hours

When you receive the first notification of a delay, how you respond can set the tone for the rest of the project. It’s a time to be firm, professional, and methodical. Panicking or becoming aggressive rarely yields positive results. Instead, focus on documentation and clear communication.

Step 1: Immediately Review Your Contract

Your signed contract is your single most important tool. Before you do anything else, read it thoroughly. Look for a “start date” or “commencement” clause. Some contracts specify a firm start date, while others might say something like “work to begin approximately 3-4 weeks from signing.”

Also, look for a “Time is of the Essence” clause. This legal term makes the project timeline a material condition of the contract. If your contract includes this phrase, any delay can be considered a breach of contract, which gives you significant leverage. Note any clauses that mention penalties for delays or procedures for handling them.

Step 2: Open Clear, Written Lines of Communication

Your first conversation with the contractor about the delay should be calm and professional. However, it is critical to follow up any phone call or in-person discussion with a written summary. An email or text message creates a time-stamped record of the conversation.

In your written follow-up, state the facts clearly. For instance: “Hi [Contractor’s Name], just following up on our call. I’m disappointed to hear the start date is pushed back to [New Date] due to [Stated Reason]. Please confirm this new date in writing and provide a revised project schedule by the end of the day.” This approach is non-confrontational but establishes a formal paper trail.

Step 3: Document Absolutely Everything

From this moment forward, become a meticulous record-keeper. Create a dedicated folder (physical or digital) for your project. Save copies of the contract, all emails and text messages, and take notes during every phone call, including the date, time, and a summary of what was discussed.

If the contractor gives you an excuse, write it down verbatim. This documentation is your leverage and protection. Should the dispute escalate, a detailed record showing a pattern of delays and broken promises will be invaluable.

Escalating Your Response When Delays Continue

If the second or third promised start date comes and goes, it’s time to escalate your approach. The initial professional courtesy has not resolved the issue, and your project is now at risk. You must shift from polite inquiries to firm, formal demands backed by the power of your contract.

Setting a Firm, Final Start Date in Writing

Your next communication should be more formal. Send a certified letter or an email with a read receipt. This letter should clearly and concisely outline the history of the delays. List the original start date and all subsequent promised dates that have been missed.

In the letter, you must set a new, final, and non-negotiable start date. State that if work does not commence by this date, you will consider them in breach of contract. For example: “This letter serves as formal notice. We have been delayed from our original start date of [Date 1], to [Date 2], and again to [Date 3]. We require work to commence on-site no later than [New Firm Date]. Failure to begin work by this date will leave us no choice but to consider you in breach of our agreement dated [Contract Date].”

The Power of a “Cure Notice” or Breach of Contract Letter

This formal notice is often referred to as a “demand letter” or “notice to cure.” It officially informs the contractor that they are failing to meet their contractual obligations and gives them a final opportunity to remedy the situation (the “cure” period). This is a critical legal step before you can terminate the contract or pursue other remedies.

This letter often gets a contractor’s attention because it signals that you are serious and aware of your rights. It moves the discussion from the realm of informal excuses to one of legal consequences. Make it clear that you expect a response and a concrete plan of action immediately.

When to Consult a Construction Attorney

If your formal notice is ignored or the final start date is missed, it is time to seek legal advice. Do not threaten legal action you are not prepared to follow through on. A consultation with an attorney specializing in construction law can clarify your options. They can review your contract and documentation and advise you on the best path forward, which may include contract termination, mediation, or filing a lawsuit to recover your deposit.

Red Flags: Knowing When to Fire Your Contractor

Terminating a contract is a significant step, but sometimes it is the only way to cut your losses and protect yourself from further damage. A contractor who consistently delays the start date is often exhibiting other warning signs. If you see a pattern of these behaviors, it may be time to part ways.

One of the biggest red flags is a complete breakdown in communication. If the contractor stops returning your calls or provides vague, evasive answers, they are likely avoiding you for a reason. This often happens in conjunction with repeated broken promises. It’s a frustrating scenario that can feel very similar to the reasons why contractors don’t show up at all.

Another critical warning sign is any request for more money before work has even begun. A contractor who is having cash flow problems before starting is a massive liability. They may be using your deposit to cover debts from another job. Never give a contractor more money until they have met the milestones outlined in your contract’s payment schedule.

How to Prevent Start Date Delays on Your Next Project

The best way to handle a delay is to prevent it from happening in the first place. The power to ensure a smooth project lies in diligent preparation before you sign any contract. Thorough vetting and an ironclad contract are your best defenses against unreliable contractors.

Vetting Your Contractor Like a Pro

Don’t just rely on online reviews. Ask for at least three recent references—and call them. Ask specific questions about the contractor’s communication, professionalism, and ability to stick to the schedule and budget. A history of starting projects on time is a key indicator of reliability.

Verify their license and insurance. Ensure they carry both general liability and worker’s compensation insurance. A legitimate contractor will readily provide this information. A hesitant contractor is a red flag. Also, discuss their current workload. A contractor who is juggling too many projects is more likely to delay yours.

Crafting an Ironclad Contract

A detailed contract is essential. Whether your project is a full-scale remodel or a more focused task like a plan to remove a walk in tub, the contract must protect you. It should include a specific start date and a projected completion date. Insist on the “Time is of the Essence” clause to make these dates legally binding.

Define a clear payment schedule tied to completed project milestones, not dates. For example, a payment is due after demolition is complete, another after framing passes inspection, and so on. This prevents you from paying for work that hasn’t been done. Finally, include a clause that outlines penalties for unexcused delays, such as a daily fee (liquidated damages) deducted from the final payment for every day the project runs past the agreed-upon completion date.

Taking Control of Your Project Timeline

Facing a contractor who keeps delaying your start date is incredibly stressful. However, you are not powerless. By understanding the difference between legitimate excuses and red flags, documenting everything, communicating clearly and formally, and knowing when to escalate, you can take control of the situation.

Your home is your most valuable asset. A proactive, professional, and firm approach will protect your investment and ensure that the project you were so excited about finally gets the start it deserves. Don’t let endless delays derail your plans; use this action plan to move forward with confidence.