Legal Question in Consumer Law in California

You have two options. You can keep trying with the contractor, or you can hire another contractor to finish the work. If you hire another contractor, you must first notify the original contractor that if they do not provide proof of intention and ablity to complete, that you will terminate their contract. This can and should be done by mail. You then send a follow-up letter termiating the contract. Once the new contractor completes the work, you are entitled to sue the original contractor for the cost of the breach of contract as follows: take the original contract amount, less the amount paid to the original contractor. That gives you the unpaid balance on the original contract. You then subtract the unpaid balance on the origninal contract from the amount paid the replacement contractor plus any other direct costs or losses from having to replace the contractor. The replacement contract plus costs, less unpaid original contract balance is your damages that the original contractor owes you for failing to complete the contract.