Legal Question in Construction Law in California

Re: small claims

Ordinarily contracts for bigger jobs will have default provisions that specifically allow the owner to finish the work itself or with a third-party contractor in the event of a default. Check you contract to see if it contains any such provision and if so, follow it carefully. If there is no specific language addressing your rights after the other party's breach, I would say that there is an implied term allowing you to take reasonable measures to clean up the mess left by the contractor's default and to mitigate and minimize damages. You would have to act reasonably in the circumstances, which would include giving the contractor notice and a fair time to cure his default. Being off the job since November seems like a more than adequate wait.