This blog is for contractors. So I try to respond to questions I get from contractors. But I get questions from owners too. The most common is “Can’t I just fire my contractor – order him off my property?”
- If the contractor committed a material breach of contract. A material breach is anything that defeats the purpose of the agreement.
- If the contract allows termination, either at will or for cause. Any contract can do that.
- If the contractor refuses to comply with the building code or state law.
- If the contractor pulls off the job. A flat refusal to do more work is grounds for termination. But be careful. A contractor who isn’t paid can stop work. That’s no breach. Neither is stopping work after an owner has breached the contract.
- Giving a discount would solve the problem, or
- The contractor has made a good faith promise to perform, or
- Most of the work has already been done as agreed.