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Notice of termination

TexasNotice of Termination

If you have paid in full as specified in a contract but no longer want the contractor to complete the work (e.g., the work is 85-90% complete on a masonry deck demolition and rebuild), can I execute a formal termination of the services? For example, I want to bring in another contractor to complete the job and be done with current contractor due to missed deadlines and not consistently showing up. The job started in November 2019 and was supposed to take 3 weeks (although this timeline is not specifically in the contract). Now, more than 4 months later, the job is still incomplete and the communication has mostly stopped. At this point I have paid 90% of the work (and have a record via cashed checks). The problem I can’t get the contractor to finish, so I want to move on to have the job completed.

2 replies

Mar 30, 2020
Yes, you may terminate the contractor. If you have paid for the work provided thusfar, he shouldn't be filing a lien. You didn't ask but I will let you know that it's possible for you to take action against him for the amount that you spend on the second contractor that is above what you were supposed to spend on the first contractor.
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Apr 4, 2020
Aaron, Thank you very much for your reply. I assume that to terminate the contract, all I need to do is draft a letter to this effect and see it via certified mail-correct? Is the exact content of this letter critical (e.g., do I have to specifically cite the reasons for termination?) Also, I assume email communication constitutes formal written documentation, but I want to be sure about this as well. Finally, I have contacted a construction law attorney and certainly can ask him to write this communication, but would like your opinion if this step is necessary. Thank you very much for your advice. I will write and post a review on your behalf.
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