Legal Question in Construction Law in California

Contractor job abandonment

We hired a contractor two years ago to build a small house in our backyard. The string of horrors is very long - but my question - after using the front entrance to the property numerous times (even with large pieces of equipment) without comment, he walked off the job when we requested that he use the front instead of the alley entrance due to security concerns. The front is actually closer and has better access (wider gate and no steps). He is also in the habit of arriving and then leaving without notice for hours at a time (leaving the alley gate unlocked) On 2/3 he arrived in a passenger car and was preparing to paint (equipment was already on property) - When we requested that he use the front, he refused - stating that he would not work if he couldn't use the alley entrance - got into his car and left - we have not heard or seen him in nearly a month. Do we have a case for abandonment?


Asked on 2/23/07, 11:17 am

1 Answer from Attorneys
Deborah Barron Barron Law Corporation

Re: Contractor job abandonment

I don't think it is unreasonable for you to request that he either secure the alley entrance, or use the front entrance. I would write a letter to him, informing him that since he has abandoned the job, he has breached the contract with you and you will mitigate your damages by hiring a replacement contractor to complete the job. If he has been overpaid, or some of his work needs to be redone correctly, you will have to "back charge" him. If he hasn't done so already, he may place a mechanics lien on your property. Please contact my office for further assistance with this matter.

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Answered on 2/23/07, 11:44 am


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