Did You Just Fire Me?
Posted: October 8th, 2025
Written By: Mark D. Siemer
A common issue faced by contractors in residential construction project is knowing when they have been fired. In the commercial arena, the contract spells out the notice requirements and dispute resolution process. But, in residential projects, those kinds of terms are routinely left out of simple contractors. Even if they are included, they are routinely ignored. Which frequently leaves the contractor wondering, did you just fire me?
Is That a Termination Notice?
Property owners, especially residential property owners, are not likely to give a contractor notice with the kind of precision the legal profession would like. Instead of saying “you are terminated, collect your tools and materials by close of business’ they might say:
- I am thinking of hiring someone else to finish the job;
- I don’t want you to do anything until we figure out how to fix this;
- I am not paying the third progress payment until you fix this issue;
- Don’t come on my property unless I am here; and
- I don’t want you to do any more work until I have approved a timeline and check list for how you are going to get it done.
The problem with each of the above statements is that they are ambiguous about termination, but they are clearly an attempt to change the deal. This ambiguity raises one of the core issues in all contract cases is who materially breached the contract first?
Without knowing the exact phrase used and the history of the job, the contractor might materially breach first by walking on the job or the owner might have breached first by throwing them off the job. Frequently, once both parties have hired lawyers, the real fight is over who materially breached the contract first even if it is not the issue that caused the dispute in the first place.
How can a Contractor Protect Themselves?
First, have a notice and cure provision in the contract itself. It can be written in a way that says that a failure to give an opportunity to fix the issue is waiver of the issue. That way, the complaint created by the property owner, instead of the attorney, is the complaint they have to litigate.
Second, if you are unsure if they have kicked you off the site, or if they have materially breached the contract, you, or your attorney, can draft a letter demanding clarification. It puts the owner on notice of how they contributed to the situation, their attempts to alter the contract, and your willingness to continue pursuant to the terms of the original contract. If They continue to demand the change in terms, it is far more likely that the Court will determine the property owner has materially breached the contract first.
Third, you can demand adequate assurances. This is different from the second option because the goal is to force them to declare their intent to follow through on the contract and provide evidence that they are able to follow through on the contract. Depending on your goal, this might be the better way to address the issue. For example, if they have refused to make a progress payment, this letter can force them to prove their ability to pay or it can relieve you of the obligation to continue work.
How Do I Write A Letter to Clarify The Situation?
There is no one size fits all letter for this situation. It depends on your goals. Do you want them to confirm you are off the job so you don’t have to go back or do you want them to honor the original contract so you can get your next payment? Those different goals create two very different letters. Is there a history of minor violations? Is there a history of shouting matches? All of these issues implicate how you should approach the topic. But generally, a key to a good letter is to: (1) state the purpose of the letter; (2) describe the source of the property owner’s concerns as you understand them; (3) describe the source of your concerns; and (4) state what the next steps is if the property owner wishes to continue.
However, this, like everything else in the law, is a balancing act, everything you put in the letter might be used against you in the future.
How can a Lawyer Help You?
A lawyer can help you identify potential risk caused by your own prior issues on the job.
A lawyer can help you set the tone of the letter to prompt the property owner to respond how you want them to respond.
A lawyer can help you frame the dispute for the future litigation if a lawsuit occurs.
A lawyer can help you comply with notice requirements.
Mark Siemer, is a Construction Attorney with Volk Law Offices, P.A., has 7 years’ experience and can be reached at help@volklawoffices.com or by visiting VolkLaw online at VolkLawOffices.com. Read more about Attorney Mark Siemer. Call for a consultation: (321) 726-8338.
The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention.
The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.