Contractor not meeting Deadlines

[Sacha LaCoss]

We are in the middle of repairs on one of our properties from a fire, the contract we signed had a required completion date of 3.31.2020.  They were supposed to start on 3.2 but didn’t start until 3.9.20.  The contractor let me know last week they could not continue as they were having a problem getting the workers and some parts to get the electric hooked up the the new HVAC unit.  The ducting is in and the system is installed. 

I know and do understand Covid-19 has most likely caused this and I understand that and want to be understanding  but want to understand my rights.  I would not choose to use this contractor again as he has started every project late (he did smoke remediation under a different contract) and is not that great about answering questions.  I also feel he has taken advantage of the fact that we are out of state. 

  Do I have any wiggle room here to change who does the work.  The contract says:

Completion Time

A: The parties agree that time is of the essence and therefore the work to be performed under this contract shall be commenced on or before the 2nd day of March and shall be substantially completed on or before March 31st. 

B:The contractor will be responsible for the timely completion of work consistent with the time limits set out, subject to any variations due to but not limited to permit acquisition, permitting authority inspections, material availability, weather delays, change orders or other delays beyond the contractors control, where the date for the completion may vary accordingly.  

I’ve paid the 1st of 3 installments for the total cost of the work.  

The other project was repairing the wood floors where an old in floor heater used to be and then refinishing the homes wood floors. It was supposed to be done by 3.31 too but I was told it had to be done after the HVAC install. 

I did send an email to the contractor asking if this project could be started and I would stay with him if he can but I’m getting really nervous as this properties neighborhood has had very few rentals for a long time but I am seeing what I think are Airbnb owners starting to list their houses as a regular rental which given the current situation I get.

The insurance company may not continue to pay the lost rent (At least that’s what the adjuster suggested) so I am considering trying to find a floor guy myself and have them start work on that as it seems It’s a more conducive project to social distancing so I can at least get that done if the contractor cannot get workers. 

As we have never needed or used a contractor before I’m just not sure what we are held to at this point?