Legal Question in Construction Law in California

in california, how long can a subcontractor be absent from a project before it is considered abandonment?

Asked on 5/28/14, 1:21 pm

1 Answer from Attorneys

There is no bright line time limit, but rather an issue of whether it has been so long as to lead a reasonable prime contractor to believe the subcontract has been abandoned. In addition, if the contractor wants to be sure to be protected against a wrongful termination of contract claim, they should send notice of belief of abandonment and demand for performance, in writing, with proof of delivery. If the subcontractor ignores that, it's a pretty good case to terminate the contract for abandonment. If it gets to that, the contractor should also send a formal termination for abandonment notice before hiring another sub to finish the work.

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Answered on 5/28/14, 1:56 pm

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