Legal Question in Construction Law in California

Re: Who is responsible for fixing alleged un-satifactory work

Depends in large degree upon the terms of the particular contract and whether the parties have treated the contract as fully performed. Basically, a contractor is usually afforded the right and opportunity to correct defects and carry out a "punch list" before the completion deadline and under the general terms of the contract, but once the contracted completion date comes and goes, the right of the owner to bring in others to fix defects or finish incomplete work becomes more obvious and less subject to challenge. Unless the contract clearly provides otherwise, the owner will usually be deemed free to take whatever measures are reasonably necessary to finish a job to specs without undue delay or uncertainty.

The larger the job, and the more critical the deadlines, the more likely the bid package, specifications and contract documents will spell out what constitutes a default and what steps the owner may take to remedy the default.