Legal Question in Business Law in California
Who has breached the contract?
Dear sirs/madame
As a contractor in the state of cailfornia I recently was on an electrical job where I was not allowed to finish. The owner of the home stated "that she did not wish me to complete the job that by this time was approx. 95% complete." Does her refusal to allow me to complete the remainder of the job consitute a breach of contract? If so by whom. Can you please send me some case law regarding this matter. Thank You
2 Answers from Attorneys
Re: Who has breached the contract?
Her refusal to allow you to finish means that she had breached the contract.
Where one party to a contract prevents the other from completing the agreed work, the injured party can recover the reasonable value of the work performed under the doctrine known as "quantum meruit." This is a well-established legal principle, intended to prevent people from doing what you have described. Assuming that the facts of your case are as you have described them (and that you are able to prove it), you should be able to recover your expenses and about 95% of the agreed fee for your work.
Please feel free to contact me (310-575-3540) if you wish to discuss this further.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
Re: Who has breached the contract?
Assuming that you did the job right, she breached if she did not pay you.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
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