Is it breach of contract when the roofing constructor failed to get the building permits?

Asked on Feb 21st, 2016 on Construction Law - New Jersey
More details to this question:
We bought our first home and 3 months later, we had an emergency roof leak. A GC came out, gave us a price and placed us on a payment plan for the work of replacing one half of the roof. We could not afford to do the entire roof, but our insurance adjuster stated that only that one side needed to be replaced. (We didn't file a claim with the it didn't meet our deductible.) He advised that he would get the permits and it states that on the contract. We've been making out payments on time, but he has been stalling on providing us with the permits. At this point, I don't want to pay anymore money until he pony up on the permits. I don't believe that he has them. What should/can we do? Can we stop paying him and make him pay back the money that we've paid? How do I explain this to the township? Will we have to pay more money, that we don't have, to the township due to the failure of the contractor to pull the permits? I appreciate any advise you can give. Thanks.
Answered on Feb 21st, 2016 at 5:54 PM
Your question about breach of contract implies that you want to sue him. But before just stopping payment without warning or filing a lawsuit there may be other methods to get him to finish the job. Stopping payment without warning might create an adversarial situation. Edward Zohn, Attorney at Law, Warren NJ, 908.791.0312  

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