Legal Question in Construction Law in California

when is the right time to hire another contractor when you have been abandoned.

When can you hire another contractor after the first has abandoned you. I understand you write letters for the first 30 days. You then next file a 3092 then wait another 10 days. Then, my question is; Can you at this point get someone else to come in and do the job? Or do you wait & write more letters.


Asked on 8/24/08, 7:56 pm

1 Answer from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: when is the right time to hire another contractor when you have been abandoned.

After no labor for continuous period of 30 days, you can record a "NOTICE OF CESSATION OF LABOR" per California Civil code 3092. Then, within 10 days of recording the NOTICE, you need to send notice in accordance with Civil code 3259.5 as appliciable. You can bring in some one to do the job immediately upon filing the NOTICE; you do not need to write more letters.

Best of luck

E. LEONARD FRUCHTER

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Answered on 8/25/08, 12:48 pm


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