Re: Definition of Job Abandonment

This appears to be a clear breach of contract by the builder. My firm is near you and I would need further information to determine whether we could assist you.

Scott J.Jarvis

Attorney at Law

(562) 597-7070

Re: Definition of Job Abandonment

First, the contractor's abandonment must be "wrongful" rather than for some justifiable reason such as failure of the owner to make progress payments or have the job site ready and accessible. Sounds as though your guy has abandoned wrongfully.

Next, be aware that the parties can modify the standard rules by inersting an express provision in the contract. So review your contract to see if it says anything about abandonment, contractor caused delays, liquidated damages, arbitration or anything else that modifies or limits your rights.

Finally, the common law of California on the subject of abandonment shows pretty clearly that the contractor is liable for the owner's damages caused by wrongful abandonment, and the owner has a right (perhaps even a duty of sorts) to mitigate damages. This may include finding someone else to to the work. The point at which the abandonment ceases to be minor and temporary and becomes sufficiently material for the owner to treat the contract as breached, and thus to find a replacement contractor, is fact-driven and one cannot state a particular number of days that must pass, but if you act reasonably a court would probably go along with your determination that the abandonment had gone on long enough for you to assume a breach and take steps to mitigate damages.