Legal Question in Construction Law in California

Contractor termination of services

Do I need a response from a letter sent to terminate my contractors services?


Asked on 8/27/07, 12:11 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Contractor termination of services

If you are a contractor and under contract with an owner or another contractor to perform a contract or subcontract, you probably can't just walk away from your obligations by sending a letter "terminating" your services.

I'm not sure exactly what's going on here, but is sounds as though you have taken on a job you'd like to pull out of. Keep in mind that your contract obliges you - and the client - to do certain things at certain times (such as build the patio, or pay the bill). Just writing a letter does not cut off your obligations under the contract unless the other party is in default and the default gives you the right to terminate the contract.

Merely giving notice of an intention to withdraw from a contract can be, but seldom is, enough to take a party off the hook for damages that flow from the non-performance.

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Answered on 8/27/07, 12:31 am


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