Firing Contractor for Not Completing Job by Due Date

[csonsini]

I live in Los Angeles, CA, and am in the process of a home addition. The contractor we hired knew that getting the job done quickly was very important, as this addition is so my 91 year old mother can come and live here, and he agreed, verbally, to this.
The estimated completion date on the contract was 4/8/14, but shortly after starting the job the contractor took 1 week vacation and, for some reason, his workers never showed up to work that week. Then it took him 3 tries before he was able to pass foundation inspection, so that added another 2 weeks to the job. Last month I asked him if he could give me a new completion date and he said that he didn't see why things wouldn't be done by 4/22/14. I have been paying him per the contract, as certain things are complete (foundation, framing, etc).
Over the past couple of weeks progress has slowed down and he has been taking guys from my job to work on other jobs that he has going (his workers have confirmed
this). The other day I told him that if he is not done by 4/22, he is to stop work, I'll pay him for what he's done to that point and he will not get paid for anything that is not finished. Is it legal for me to do that?

 

[justalayman]

what does your contract say to a completion date?

is there even a reference to the statement; time is of the essence?


if your contract includes a date of completion, what does it say if the date is not met?

 

[csonsini]

The contract simply shows an "approximate completion date" of 4/18. Per contract change orders, the work is extended 7 extra days. There is a section that addresses delays but nothing in that section applies to my job.
There is no "time is of the essence" mentioned.
There is nothing regarding if the completion date is not met.

One of the terms and conditions is "The Contractor may subcontract portions of this work to properly licensed and qualified subcontractors".
None of the people that have been working on my job have been licensed, except the A/C person that I hired separate from the contractor. Interestingly, the contractor,
pissed off that I wasn't hiring him to do the A/C (which was not part of the contract), called this guy at home and asked for his license number.

what does your contract say to a completion date?

is there even a reference to the statement; time is of the essence?


if your contract includes a date of completion, what does it say if the date is not met?

 

[justalayman]

so there is an approximate date of completion. That means the date you have doesn't mean a lot.


If you terminate the contract, he may have a valid action for not only the work he has already done but the profits for the work not completed.



but is the contractor licensed to do what he is doing? If so, the fact he has not hired licensed subcontractors does not give you a claim to terminate the contract.