California Construction Law
A contractor who walks off a job mid-project has breached your contract. California law allows you to hire a replacement and sue for all additional costs.
A contractor has legally abandoned a project when they stop performing work without a legally valid reason and show no intention to return. Missing a few days due to weather or materials is not abandonment. Stopping work for weeks without communication typically is. California Business and Professions Code §7160 addresses abandonment as a form of home improvement fraud when excessive deposits have been taken.
Document the current state of the project with photographs before anything is disturbed. Send a certified letter giving the contractor a final opportunity to return within 5 business days. File a CSLB complaint simultaneously. Only after the contractor fails to respond should you hire a replacement.
Your damages against the original contractor are: (cost of replacement contractor) minus (amount you still owed the original contractor). Document the replacement costs meticulously. Also include costs caused by the delay — temporary housing, storage, alternative arrangements.
If the contractor took a deposit significantly in excess of what California law allows (generally no more than 10% or $1,000, whichever is less, for home improvement contracts), they may have committed home improvement fraud under BPC §7160, which carries civil penalties of three times your actual damages.
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