Do I have any obligation to pay him? And is there any legal action he can take against me?
Q: Do I have any obligation to pay him? And is there any legal action he can take against me? I signed a contract to get my driveway redone, but the contractor kept canceling and now its past 3 days. It is also passed the day he was scheduled to actually start the work. There is nothing in the contract about cancellation fees or dates for when the work should begin all I have is a text message from him saying what day he would start. No work has been done and no money has changed hands and I want to just cancel with him.
A: Lara’s Answer: Send the contractor a certified letter canceling the contract. In the letter, tell the contractor that you have read Business & Professions Code Section 7159 regarding the terms of his contract and found it not to be in compliance. Inform him that you have also read the statutes regarding abandonment by a contractor and believe that his failure to timely commence work constitutes abandonment. Rather than turn this into a conflict for the Courts and the CSLB to resolve, you simply seek to void the contract (and get back any downpayment you may have paid). Good luck.