Tracy, CA asked in Constitutional Law, Construction Law, Consumer Law and Small Claims for California

Q: I am a homeowner in Ca I hired a contractor to do painting around the house. I am I in my rights to fire the contractor.

I hired the contactor to do painting around the house. The job is not being done correctly or at all.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it "properly or at all" well, this is 2 different things. If they are not working at all, they would be in breach of a contract that says they are supposed to be working on the job. If they are not doing it "properly" this depends on what "properly" means and whether it is a substantial breach by the contractor. Before you get in over your head by firing someone and ending up paying two contractors, you should ask for a meeting and present your concerns to the contractor in writing, setting out your expectation as to what needs to be redone. If the job is not done correctly in accord with community standards, this would effect the price. and you could re- negotiate after completion. You would be entitled to the cost to correct, one way or the other.

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