Legal and Regulatory

Think Twice Before Walking Off a Job

Walking off a job comes with significant risks. A contractor could quickly find himself in court accused of breach of contract and be sued for damages.
By Patrick Barthet
December 9, 2020
Topics
Legal and Regulatory

What contractor hasn’t thought about pulling the crew off a job when things are just going from bad to worse? Maybe the contractor is not getting paid what was billed or the owner keeps asking for changes to the original scope of the work. Whatever the reason, it’s tempting to call it quits.

Better think again. Walking off a construction project is not something to be done without some careful thought. Is there a contract? If so, there are likely to be notice and termination provisions that have to be followed. A contractor could quickly find himself in court accused of breach of contract and be sued for damages. Not only might he be responsible for the cost of the owner or surety having to find a new contractor to finish the contracted work, but the contractor could also be required to pay back some of what he has already been paid.

Walking off a job does come with some significant risks. Before making make such a drastic decision, do these four things:

  1. Determine if there is a valid construction contract in place, and if so, see what termination options are and what notice provisions are required;
  2. Figure out how much money has been paid in relation to the work completed and whether more money has been collected than earned;
  3. Calculate what materials have been ordered but have yet to be delivered, what’s been paid for, and whether notices to owner and claims of lien are in place;
  4. Meet with the owner and try to reach an amicable resolution—a distasteful settlement may still be a much better result than a drawn out lawsuit.

Making an emotional decision to walk off a job may feel good but the eventual fallout could be expensive. Savvy contractors become informed before they let their feet do the talking.

by Patrick Barthet

Patrick Barthet is founder and principal of The Barthet Firm, a 12 lawyer construction practice which has been serving South Florida’s construction industry for over 25 years. Publisher of the award winning blog, thelienzone.com, the firm provides regular advice to construction professionals. Also instructive is  thelienzonepodcast.com, regularly presented by fellow principal, Alex Barthet.

Related stories

Legal and Regulatory
Final Build America, Buy America Act Guidance Released
By P. Lee Smith and Greggory C. Maddaleni
This new guidance tightens U.S. content requirements for federally funded infrastructure projects, expands the definition of infrastructure and provides calculation methodologies for manufactured products.
Legal and Regulatory
A Look at Trending Legislative Changes Impacting Workers' Comp
By Rosanna Shamash
Could three recently enacted changes in New York State affect workers' compensation cases across the country for the construction industry?
Legal and Regulatory
How to Get the Most Bang for Your Buck Out of the Infrastructure Bill
By Rich Meene
The Infrastructure Investment and Jobs Act authorizes $550 billion in new funding for infrastructure projects. Here's how to position your company for success when pursuing these opportunities.

Follow us




Subscribe to Our Newsletter

Stay in the know with the latest industry news, technology and our weekly features. Get early access to any CE events and webinars.