Legal Question in Construction Law in California

Re: 10 months work still not completed

Since you haven't paid him any money, you aren't out anything. So, the real question is, why would you want this guy to do anything for you if he is so flakey? If you find another contractor to do the windows, it's theoretically possible to have the first contractor pay for any increase in price you have to pay to the second contractor, assuming that the work is identical. This isn't very practical, though. You'd have to sue the first contractor and the lawsuit would be expensive and draining.

Only a judge or jury can say with certainty who breached the contract: you, if you get someone else to do the work; or the contractor for failing to perform the work in a reasonable time. My guess, however, is that the vast majority of people would say that the contractor breached the contract so you were perfectly justified in getting someone else to do the work.

Re: 10 months work still not completed

Mr. Redenbacher's analysis is, as usual, solid and comprehensive. Just make sure when you hire a new guy to be sure you give the former guy a written termination notice, with reasons.

Re: 10 months work still not completed

The statute of limitations for breach of a written contract in the state California is 4 years. This statute of Limitations for breach of an oral contract in the state a California is two years. It definitely sounds like you have a cause of action for breach of contract.