Contracts & ExecutionQuestion 651 of 1605

Bus. & Prof. Code §7159 requires home improvement contracts to include the approximate dates when work will begin and when it will be substantially complete. If the contractor fails to commence the work within a reasonable time from the agreed start date, the consumer's primary remedy is to:

a.File a complaint with the local district attorney's consumer fraud unit only after 6 months of delay
b.Treat the unjustified delay as a material breach allowing rescission, and the conduct may also be cited as 'willful departure' or 'abandonment' under Bus. & Prof. Code §7107 and §7113, supporting CSLB discipline
c.Wait until the original contract end date passes before any remedy ripens, even if the contractor never started
d.Automatically forfeit the down payment to the state

Explanation

Under Bus. & Prof. Code §7159(c)(3)(B)(iv), the home improvement contract must state approximate dates of commencement and completion, and §7107 makes 'abandonment of any construction project or operation without legal excuse' a ground for license discipline. §7113 (failure to complete a project for the price stated) and §7116 (willful or fraudulent acts) provide further enforcement teeth. Courts and the CSLB therefore treat an unjustified failure to start within a reasonable time as a material breach. There is no automatic state forfeiture of the down payment, and the consumer need not wait for the original end date — commencement within a reasonable time is itself a contractual obligation under §7159.

Law Reference: Bus. & Prof. Code §7159(c)

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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