Legal Question in Business Law in California

My elderly parents have signed a contract to have a local business install an new tile floor. The business keeps scheduling to have this done and then postponing it. Under California law, is there a time limit for how long they have to provide the service they have contracted to provide? If they fail to provide the service within that time frame, are my parents free to abandon the contract and create a new contract with someone else? (The contract itself is very simple; it says essentially which floor will be installed at what cost.)


Asked on 6/19/12, 1:16 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

After a 'reasonable' number of attempts to get them to do the work in a 'reasonable' timeframe, and after written notice of cancellation of the contract due to their breach and failure to perform, then you can get someone else to do it. That doesn't mean they won't sue, but you'll have solid defense.

Read more
Answered on 6/19/12, 1:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, California law does provide a time limit, but it's vague. Civil Code section 1657 says, in pertinent part:

"If no time is specified for the performance of an act required to be performed, a reasonable time is allowed."

I can foresee lots of conflict and grief for you and your parents if you try to choke down a contract cancellation based on your concept of "a reasonable time" having elapsed -- better to negotiate a timefor performance that the contractor can and will stick to, or negotiate a mutually-agreeable termination of the contract (and get it in writing).

Read more
Answered on 6/19/12, 1:43 pm


Related Questions & Answers

More Business Law questions and answers in California