Legal Question in Construction Law in California

What can I do if my contractor slows down?

My contractor has been working 1-2 hours per week for months. His phone is disconnected so the subcontractors are calling me to find out how to proceed. It seems that I need to get another contractor to finish the work, but how should I separate from the previous contractor (or should I hire a finish carpenter and try to be my own GC)? He occasionally will respond to an e-mail, but I have no real way of contacting him.

What constitutes work that is so slow that it's considered abandonment?

Thanks.


Asked on 2/20/09, 12:51 am

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: What can I do if my contractor slows down?

The question is whether his behavior is a material breach of contract and that can only be determined with finality by a judge or jury. Nevertheless, it strikes me that it is worth the risk to fire him at this point and get a replacement contractor. I suspect that not too many judges or juries would be sympathetic with a contractor who does not stay in touch and rarely works on the job. Tell him, in writing, that he is fired for failing to adequately staff the job and refusing to communicate and, further, that you will hold him responsible for all damages as a result of his breach. You may want to hire a lawyer to help you with this letter.

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Answered on 2/20/09, 11:01 am


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