Legal Question in Construction Law in California

Contractor was nearing the end of the project (small room re-model). He asked to re-do and finish up some items that were not up to par. He then picked up his tools, took his sign down from the front lawn, and left the job. We had some sub-par workmanship issues with him all along, and "called him on it", so he was not real happy with us. So, to us, when he walked off the job that day - especially his act of taking his sign down off the front lawn - it seemed like he was saying he was not coming back, which, to us, constituted job abandonment. We got other workers to finish the project over the course of the next couple of days. He is now suing us for the last payment of $750.00, which we did not pay. Is it reasonable for us to assume that his action constituted job abandonment, and we were justified in going ahead with having others finish the job, and not making the final payment?


Asked on 1/03/12, 12:17 pm

1 Answer from Attorneys

You don't get to cancel a contract for abandonment on what an action "seems" like. There are specific steps you must take, including giving notice of belief of abandonment and an opportunity to respond, before you can legally declare a construction contract (or most other contracts) abandoned.

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Answered on 1/03/12, 2:27 pm


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