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Was chatting earlier regarding responding to a contract

termination letter, got disconnected JA: What...
Was chatting earlier regarding responding to a contract termination letter, got disconnected
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: No, I received a 10 day notice of cancellation
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Customer reply replied 1 month ago
I am a general contractor who was sent a ten day notice of cancellation by a sub contractor for three supposed breaches of contract, one of which is valid, non payment, which I'm working on. I am waiting on payment to me by the property owner and told the sub I could pay them by the end of next week, but that is after the ten days expires. I think they want out of the job and once they are paid will claim the other two breaches are still valid and have not been remedied and will abandon the job. They still have about 30% of their work to finish on the contract and I would rather not have to find someone else to do it
Answered in 8 minutes by:
11/12/2017
Bill Attorney
Category: Legal
Satisfied Customers: 1,486
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your contractual law question today. I'm attorney Bill, an experienced attorney assisting you with your termination dispute.

What is your specific question in relation to the termination.

DO you have a copy of the termination letter for review ?

Thank You

Attorney Bill

Ask Your Own Legal Question

In relation to the non-payment of contract they may have right to discontinue according to your contractual agreement.

This will come down to the stipulation and payment terms under the contract.

I will need to review your contract in order to determine whether payment is a condition or warranty in terms of contractual performance.

Just a reminder to rate positively today.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

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Attorney Bill

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Customer reply replied 1 month ago
There was a written proposal that covered what would be installed, but we never signed a contract. We have made two progress payments to them for work that was completed, so I don't know if that implies we are in contract even though we never signed.

Progress payments can act as evidence of a verbal contract , so even though you never signed a verbal contract can be enforceable, including a termination stipulation.

So you can look for specific performance of the agreement by the subcontractor.

California does require certain contracts to be in writing and they are the following:

"a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent:

(1) An agreement that by its terms is not to be performed within a year from the making thereof.

(2) A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794 .

(3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.

(4) An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate, or to lease real estate for a longer period than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of real estate where the lease is for a longer period than one year, for compensation or a commission.

(5) An agreement that by its terms is not to be performed during the lifetime of the promisor.

(6) An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage or deed of trust upon the property purchased, unless assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property.

(7) A contract, promise, undertaking, or commitment to loan money or to grant or extend credit, in an amount greater than one hundred thousand dollars ($100,000), not primarily for personal, family, or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or extending credit.  For purposes of this section, a contract, promise, undertaking, or commitment to loan money secured solely by residential property consisting of one to four dwelling units shall be deemed to be for personal, family, or household purposes.

(b) Notwithstanding paragraph (1) of subdivision (a):

(1) An agreement or contract that is valid in other respects and is otherwise enforceable is not invalid for lack of a note, memorandum, or other writing and is enforceable by way of action or defense, provided that the agreement or contract is a qualified financial contract as defined in paragraph (2) and one of the following apply:

(A) There is, as provided in paragraph (3), sufficient evidence to indicate that a contract has been made."

SO long as your contract is to be performed within one year a writing shall not be necessary to enforce your agreement according to the above code.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

Bill Attorney
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