My contract says 2 weeks. This is 20th week. End is not near. His guy J does plumbing (topout, drains, vents etc) for 2 months - only to be replaced 75% by a pro (in a day) and we finally pass the inspection. Now J is working on faucets, toilet, vanity for a week and am worried if he is even doing that right? Called contractor's bond insurance and they said I should call after contractor is done wherein I can get 3rd party to list out items that need to be reworked. But this guy never finishes. Why can't I fire this guy? How can I put an end to this?
Based on your description, you may have an argument that your contractor is in breach of contract due to delay, substandard work, etc. If the contractor is in breach of the contract and the breach is material, you may be entitled to terminate the contractor for that breach. But you must be careful to comply with any dispute resolution/termination provisions in the contract. And it would be advisable to give the contractor a notice to perform and an opportunity to correct any breaches before moving ahead with a termination. Any time a contractor is terminated it will generally argue that the termination as not proper and thus that you breached the contract. By making the contractor's breaches clear and giving the contractor an opportunity to cure before terminating based on breaches, you can minimize this argument.
If the contract states that time is of the essence then the delay would be considered a material breach. If not, it may be argued either way. Below is a quote from some case law on determinatin of material breach.
[“The determination whether a material breach has occurred is generally a question of fact”].) Whether a partial breach of a contract is material depends on “the importance or seriousness thereof and the probability of the injured party getting substantial performance.” (1 Witkin, Summary of Cal. Law (10th ed. 2005) Contracts, § 852, pp. 938–940; see also Superior Motels, Inc. v. Rinn Motor Hotels, Inc., supra, 195 Cal.App.3d at p. 1051, 241 Cal.Rptr. 487; Sackett v. Spindler (1967) 248 Cal.App.2d 220, 229, 56 Cal.Rptr. 435 [setting forth various factors as to materiality].) “A material breach of one aspect of a contract generally constitutes a material breach of the whole contract.” (23 Williston, supra, at § 63:3, p. 440, fns. omitted.) Brown v. Grimes (2011) 192 Cal.App.4th 265, 278 .