Did You Just Quit on Me?

Posted: October 22nd, 2025

Written By: Mark Siemer

One of the worst things that can happen to a property owner is having a contractor quit on the job. What might be even worse is not knowing if the contractor quit or not. The contractor might say:

“If you’re not going to pay, I am not going to work;” or

“good luck finding someone to finish the job;” or

“if you don’t like the way I work, find someone else.”

None of these statements are the kind of clear and unequivocal revocation of the contract that would make a law professor smile. Which begs the question, what do I do next?

The property owner’s top priority is to get as much clarity and certainty as possible as quickly as possible. That means they must be able to answer a few questions; (1) did the contractor actually quit; (2) how do you protect the work that has already been done; (3) how do you find and onboard a new contractor; and (4) how do you get the project moving again?

If you do not know the answers to those questions, you cannot make an informed decision about what to do next. Nor can you make an informed decision about whether or not you want the contractor to resume work. 

How do You Confirm the Contractor Quit?

The first step is to review the contract closely. Reviewing the contract is critical. They can control how notice is given and how disputes are resolved. They also can control what constitutes abandoning a job. Many agreements include termination clauses that specify what constitutes quitting, such as failure to perform within a certain timeframe or leaving the job site without notice. Understanding these clauses helps the homeowner determine whether the contractor’s absence meets the legal definition of abandonment. Taking any action without understanding what the contract says is risky.

The second step is direct, documented communication. Property owners should reach out in writing, through phone, email, and text, requesting a clear statement of intent. Vague responses should be met with specific follow-up questions such as: Are you still working on the project? When will you return to the site? Do you intend to finish the agreed scope of work?

If informal communication fails, the homeowner should send a formal letter—preferably by certified mail—requesting a written response within a set deadline. This creates a record that can be valuable if legal action becomes necessary. If the contractor does not respond by the deadline, the likelihood that the Court will find that the contractor breached the contract by abandoning the job has gone up.

How Do You Protect the Work That Has Already Been Done?

Before replacing the contractor, the homeowner should assess and document the current state of the project. This includes taking photographs of the work, noting unfinished tasks, and recording any deficiencies. Materials purchased or delivered to the site should be inventoried to ensure they are secure and available for the next crew.

In some cases, hiring an independent inspector or construction consultant to evaluate the work quality can help identify potential issues that a new contractor will need to address before continuing. This step ensures that the project can resume without hidden problems or code violations.

All of this is necessary to prepare for the potential lawsuit the contractor could bring if they believe they have wrongfully been terminated. It is important to remember that in most cases, the contractor will believe that the property owner is at fault for the breakdown in the relationship. You might have claims against them, and they might have claims against you.

How Do You Find and Onboard a Replacement Contractor?

In order to weigh the risks and reward of getting the contractor back on to the site to finish the job versus hiring a replacement contractor, you need to know how hard it will be to get the contractor on board. Depending on the nature of the project, the way the project is financed, and the trades involved in completing the project, finding a replacement contractor might be very simple or very complicated.

If your project requires specialty trades you might not be able to find a replacement contractor. Or they might not be able to get started for months. Depending on the project, that might be fine or it might be a catastrophe. What kind of permits does your project require? If your project requires permits from state authorities as well as local authorities, getting the contractor approved to do work is another delay. How is your project financed? The bank might have to vet the replacement contractor. What materials need to be ordered? The contractor might be able to start tomorrow but they might have to order custom materials that will take three months to manufacture.

If your project is nothing more than a concrete slab waiting for walls, all of that might be fine. If your project is a window replacement and any delay leaves the finished interior of your building open to the elements for an extended period of time, a delay might spiral out of control.

How Do You Get the Project Moving Forward Again?

Ultimately, you have two ways to get the project moving forward again. Get the original contractor back on the job; or get a new contractor on the job. Both come with series risks. If you aren’t sure if your contractor quit on you, something already happened that soured your relationship with your contractor. But on the other hand, bringing in a new contractor, if that is even possible, costs time and money and there is no guarantee the new contractor won’t have their own problems. There is also the possibility that the original contractor will record a claim of lien or file a lawsuit and stall the whole project.

In most circumstances, it is better to make amends with the original contractor to get the project moving again because the risks associated with terminating a contractor generally outweigh the risks associated with continuing the project with them.

Contacting an attorney can help you identify the risks so you can make the best plan possible.

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.