QUESTION
If a Construction Contractor commits a Breach of Contract (in a Home Improvement Contract in CA) does this action then make that contract VOID?
Asked on May 22nd, 2022 on Construction Law - California
More details to this question:
I received an invoice from a Construction contractor. This invoice contained false information, claiming that several Insurance-approved WORK ITEMS were COMPLETED. But that work was NOT completed. Unfortunately, I did not discover this fact until after I paid their invoiced amount due. This Contract even specifies in writing that "It is unlawful for the Contractor to charge for work before the work is completed..." (paraphrasing). Is this a breach of contract that makes contract no longer valid? Am I now able to ignore any requirements of this contract? What I need to do is hire a new contractor and get my job completed by a trusted contractor, since this other contract also stopped working on my job. This Contractor claims that they control this job and I cannot hire any other contractor or subcontractor. May I ignore the contract requirements and hire a new contractor?
1 ANSWER
1 Award
Yes, it appears the contractor has breached the construction contract. But a breach does not void the entire contract. It merely provides you with the remedy to sue for the breach. You cannot ignore the contract at this point as one of the requirements to sue for breach is that you have performed all obligations under the contract required of you. But you can immediately send a demand letter to the contractor informing them of the material breach of the contract terms and demanding they cure the breach by returning the money to you for the work not completed. If they fail to do this you can then sue them in court to recover your money lost. If the contractor has also stopped performing under the contract, that is another material breach (presuming they still have work left to do under the contract). The contractor cannot "control" the job if they have breached the contract. You an start by filing a complaint with the Contractor's State License Board against their license. That will get their attention, since they may have their license suspended if they don't cure the breach.
Answered on May 23rd, 2022 at 9:45 AM
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