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Home Q&A Forum Can I terminate a landscaping contract if the contractor consistently fails to meet the agreed-upon deadlines?
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Landscape Design

Landscaping Contract

California

Asked on Sep 28, 2024

Can I terminate a landscaping contract if the contractor consistently fails to meet the agreed-upon deadlines?

I entered into a landscaping contract with a contractor to redesign and maintain my backyard. The contract specified a timeline for completion of various tasks, including planting, installing hardscape elements, and regular maintenance. However, the contractor has consistently failed to meet these deadlines, causing significant delays in the project. Despite multiple discussions and reminders, there has been no improvement in their performance. Can I terminate the contract due to their consistent failure to meet the agreed-upon deadlines?

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Answer

Landscape Design

California

Answered 28 days ago

Dolan W.

ContractsCounsel verified

Business Lawyer
Licensed in California
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Member Since:
September 8, 2024

Hello! You may be able to terminate the contract due to the contractor's consistent failure to meet the agreed-upon deadlines, especially if time is specified as an essential element of the contract (often termed a "time is of the essence" clause). Even if the contract does not explicitly state this, CA courts generally recognize that significant delays impacting the core purpose of the agreement can be grounds for termination if the contractor repeatedly fails to fulfill obligations despite reminders and discussions. Nevertheless, we can review the contract for any clauses related to termination, timelines, and breach of contract. If termination is pursued, you may need to issue a formal notice, detailing the reasons and referencing the missed deadlines and your attempts to remedy the situation. Best of luck! Dolan

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