Legal Question in Construction Law in California

I am currently contracted to build a custom home. Three weeks before completion I have been told to leave the job. Do I risk job abandonment. What are my rights?

Asked on 11/03/14, 1:55 pm

2 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You don't risk job abandonment if you have the order to leave the job in writing in clear unequivocal language. An owner has the right to throw a contractor off their property at any time. It may be a breach of contract. It may give the contractor the right to sue the owner, but the owner is never obligated to have someone work on their property if they don't want them to. So as long as you have proof the owner had thrown you off the job, you can rely on that and then decide what your next steps will be.

As for, "What are my rights?" that is impossibly too broad a question to answer in an internet Q&A. It depends on the terms of your contract, the course of construction and the reasons if any the owner wants to throw you off the job, also whether you take appropriate steps to preserve lien rights, etc.

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Answered on 11/03/14, 2:21 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

No, this is not job abandonment. This sounds more like a contract issue than anything; you can sue under contract law.

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Answered on 11/03/14, 4:47 pm

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