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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37078
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I've had a building contractor working for me on my back

Customer Question

I've had a building contractor working for me on my back yard. They told me that the project would be a 4-6 week project. The project had delays from the beginning. The contract was signed 5/6 but not started until 6/8 even though they told me they would be starting the following week.When making the contract they put the completion date as 8/14 a date to give them lots of leeway in case problems. They have only about 3-4 days more work. They have not shown up for the last 5 days. Can I fire them and bring someone else in and then deduct that from the bill?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: The whole project has been a mess
Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, you certainly can do that, and it may be a good idea if you want your yard done in the near future. However, you can expect the original contractor to complain and threaten suit if you do that.

To have the best chance of avoiding a lawsuit, or winning one if you are sued, try making a demand that the contractor work beginning tomorrow at 9AM and have a crew there at least 8 hours a day on all week days until the project is completed. Then if they don't show up tomorrow, fire them and get another contractor to finish the work.

This is a terribly common practice amount landscape companies that draw customers in, and string them along while the contractor takes on other projects that use the crew of workers----and this results in virtually all customers getting poor service. The only way to deal with these sleazy contractors is to call their bluff and give an ultimatum, and then fire them for breach of contract and failure to perform in a workmanlike manner. See this site for a definition of workmanlike manner: http://www.lorman.com/resources/-workmanlike-manner-defined-16419

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug