Legal Question in Construction Law in California

what is the legal procedure to cancel a contract?

We signed contract with a restoration company on March 25th. They charged more than 10% for the job estimate as deposit (they charged 2500 up front). After they worked for 1 week, they still can't tell us the estimate for the rest of the work and project completion date. They can't provide job estimate for our insurance company as well. Project manager didn't response to our emails more than 48 business hours

Can I fire them? I look at the contract, there is no words about how to terminate the contract.


Asked on 4/04/11, 10:31 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to have the contract reviewed and a determination made as to what provisions of the contract they have breached which would allow you to terminate the contract. Without reviewing the contract, it is really not possible to tell you how or if you can terminate the agreement.

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Answered on 4/04/11, 10:51 am

There is no specific way to terminate a construction contract. Terminating a construction contract is simple and complicated. You terminate it by sending a letter and throwing them off the job. Simple. The complicated part is determining whether you have legal grounds to do that without being liable for breach of contract, and then if you do have grounds, terminating the contract so as to preserve that position. There is no way to walk you through all that on the internet. The one thing you absolutely can do, however, is report them to the Contractor's State License Board for violations of the Business and Professions Code, by taking more than 10% or $1,000 deposit, whichever is LESS.

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Answered on 4/04/11, 1:15 pm


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