Legal Question in Construction Law in California

Unfinished Job

I hired a contractor to do painting. On the first two days we were having

issues (he was leaving early and there were some questions about

workmanship). On the third day he left without notice (he packed up and took

all his equipment) and spent no time working in the house even though work

was supposed to be finished on this day. When we called he said he was

having equipment issues. When we called the store he was supposed to be at

having the ''equipment fixed'' they said he had not been there.

What are we liable to pay this man if anything? I have canceled payment on

the deposit, but want to make sure that I pay him what I am legally obligated

to. Also, can I recoup for additional expenses he has caused? Other

contractors are waiting for the paint to be finished so they can put in flooring

and cabinets, which in turn delays our moving. Plus we had to re-key because

he left with one. Thanks in advance for your responses.


Asked on 8/27/04, 6:42 pm

1 Answer from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: Unfinished Job

First, check to see if he is licensed. If not, you owe him nothing. If he is licensed, it is possible that he materially breached the contract. Only a judge or jury can tell you whether a breach is "material". For the most part, a refusal to adequately man the job after several demands to do so is enough to rise to the level of material breach.

Your damages are the difference between the contract with the abandoning contractor and the cost of finishing the painting with another contractor. You can also likely hold him responsible for consequential damages.

You are entitled to withhold 150% of the amount in dispute. It can sometimes be difficult to determine the amount in dispute. In your case, this could be determined by the bid of the replacement contractor. For example, the bad contractor bid $10,000 to do the job, but the replacement contractor bids $9,000 to finish the work. The bad contractor claims that he's done $2000 worth of work. But, since it's going to cost you at least $1000 more to finish the job ($9000 plus $2000), then $1000 is in dispute so you're entitled to withhold $1500. Re-keying would be consequential damage, so could legitimately be added to the amount in dispute. Basically, consequential damages are any damages that would logically flow from the breach.

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Answered on 8/27/04, 7:24 pm


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