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Taking over a GC’s slow moving project

CaliforniaConstruction ContractDefectsLawsuitNotice of TerminationPerformance BondStop Notice

Client is unhappy with their GC’s pace of work, the GC is still performing, but behind schedule . They want me to take over the job, but the GC has yet to be terminated. What kind of legal risks am I facing from the client AND the GC in this situation?

2 replies

Sep 9, 2022

You should have a full consultation with an experienced construction lawyer to discuss this particular contract and project, but there are a slew of risks to the takeover contractor. At a minimum, a takeover contract must be carefully drafted to allocate duties and responsbilities and shift away risks.

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Sep 10, 2022
You should not be on the job at the same time as the GC. Wait until the owner has terminated him and he has moved off the job. Do a complete inspection of all his work before signing the contract and note all defects and items that need to be fixed or corrected, and include those costs in the pricing of your contract, as you assume liability for any defects or deficiencies in his work!!!!! If you are signing up some of his subcontractors and suppliers, make sure they have the right to do that and that you are not interfering with their contract with the GC. Consult an experienced lawyer before signing any contract!!!
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