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.
Bay Legal PC handles construction disputes throughout California. Tell us about your situation and we'll be in touch promptly.
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