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How can I do for the material contract breaches

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the contractor deviated the contract for keeping the old burned truss at garage roof instead of replacing new truss as the contract signed. Also the schedule two months complete day has expired ( started 6/14/2019 and complete 8/9/019). Even they started to install new truss on 9/6/2019 after the contract day expired, also only work on Saturday on my house. Monday to Friday work another project due to they are not allowed to work on weekend. They put my job as a side job to take forever to do. I am very upset to keep the burned truss in my garage roof but they already cover the plywood. I wanted to redo but that will take more time to open and reorder the new truss. The raining season is coming. The roof will damaged by water. I asked he give me complete job schedule to track but he didn't provide to me but also told me that he couldn't find people to come to California City work. Please give me advise . Thanks, Helen Dai

1 reply

Sep 24, 2019
If a contractor has seriously deviated from their contractual obligations, including the schedule or quality or character of materials used, then they may have materially breached their contract. And, if that's the case, it's possible that the contractor might not be entitled to full payment or may even be required to fix issues with their work. More on what constitutes a breach here: Construction Contracts | A Deep Dive on Breach of Contract. If the contractor is licensed, and hopefully they are, an owner may also be able to make a claim against that contractor's license bond. Any time a contractor abandons their contract specs or otherwise acts out of line with the CSLB's licensing rules, a claim agianst the contractor's license bond may be available. Legal Beagle has a good resource on that here: How do I Make a Claim Against a Contractor's Surety Bond in California? But, when contemplating making a breach claim, or when there are serious dollar amounts on the line, it might be wise to consult a local construction attorney. They'll be able to review the contract and the circumstances, then advise on how best to move forward.
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