Legal Question in Construction Law in California

Breach of Contract? Abandonment?

We signed a contract with our licensed contractor to do a major home addition & remodel.

The written contract only addresses materials & labor costs for milestones.

The estimated completion date was to be 6-9 months. This time frame was only discussed verbally, and is not written anywhere in the contract.

We are now at 10 months and only 65% done. Contractor refused to sign an adendum holding him accountable to a timeline of completion.

We have paid promptly all progress payments to this point.

Now that the ''building/framing aspect has been paid he's worked only 4 days in a 5 week period. He's off doing new jobs, and not communicating anything to us about when he will work...just leaving us hanging.

Does this in legal terms constitute ''abandonment?''

We are losing tons of money now, because we're renting another home to live in. To make matters worse our homeowner's insurance will cancel us soon if we aren't able to occupy our house being remodeled. Please help!!!


Asked on 2/16/07, 2:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Breach of Contract? Abandonment?

Without definitive terms of timing and completion, and performance guarantees, you are left with only an argument over it. However, you can threaten to declare a breach for failure to perform. If that doesn't get him back on the job, there is no easy answer - you could terminate him and get another to finish, but will likely end up in a lawsuit with him over money due. Having an attorney represent you now may put enough legitimacy to your threat to work. Feel free to contact me if interested in doing so.

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Answered on 2/16/07, 2:27 pm


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