surveyor

[dogeddie]

15 months ago I signed a contract with a surveyor to turn three properties into two. 3 months later he came out to measure. Since then nothing.
The contract has no end date but there is a clause about doing the job professionally and in a timely manner.The deal was 900.00 down and 900.00
when done. I called him recently and told him to just survey my land for the 900.00 I gave him and forget the rest. He said ok and again I have heard nothing from him.Over the 15 months I called him 30 times with no replys.
Has enough time gone buy to void this contract and get my 900.00 back in small claims court. If I sue him can he counter sue for breach of contract.
I am in pennsylvania.

You certainly can. That is not reasonable performance.

[dogeddie]

April 19 2006 I gave a surveryor 900.00 down to do a small subdivision.
After one year of little or no work I asked him to forget the subdivision
and just survey my property for the 900.00. He said ok.
The first agreement was a written contract the second was oral.
do I have to wait one year before I can sue him in small claims court on the oral contract. We did not agree on an end date.