Legal Question in Consumer Law in California

Contract: Failure to perform

I hired a surveyor to complete a boundary survey and plot map in May of this year (2005). The surveyor took two months to complete the survey and has still not delivered the plot map (almost 5 months after signing contract). I have contacted the surveyor several times over the past three months asking him to complete the work. I finally left a message two weeks ago saying if he did not complete the work within a week, I would hire someone else. No response.

I want to hire someone else now, but I think they will have to start from scratch. How do I protect myself against paying twice? Note that the surveyor has never asked for payment, but he did complete the boundary marking - a separate payable item in the written, but minimal contract.

Thanks


Asked on 10/15/05, 2:12 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Contract: Failure to perform

The first thing to do is send the surveyor a certified, return receipt letter (keeping a copy of the letter for yourself) telling him/her that the contract has been breached, and therefore is void. Also tell him/her that if the document is not produced in a time period you specify, you will hire another firm. Also state that since he/she did not perform the work for which you contracted, he/she will not be paid for that work. Good luck to you.

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Answered on 10/15/05, 6:31 pm


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