Half-finished jobs, unanswered emails, deposits already paid. This console helps you confirm the breach, gather proof, and draft a demand letter that either brings the vendor back or sets up refunds, handoffs, and replacement claims.

Look for these elements

Material work unfinished, no valid excuse, no schedule, no replies. That’s more than a delay—it’s breach.([Watkins Firm][1])

Anticipatory Breach

If they effectively say “not finishing” (explicitly or by conduct), you can treat it as anticipatory repudiation.([UpCounsel][2])

Abandonment

In construction, walking off with no intent to return = abandonment. Document dates, site conditions, communications.([JD Supra][3])

Mitigation

Courts expect you to limit losses. Lining up replacements after notice is part of that.([Watkins Firm][1])

Action: Build a timeline of missed milestones, unanswered messages, partial deliverables, and payments already made.

Scope & Milestones

Quote exact deliverables, dates, and change orders to show what’s outstanding.

Notice & Cure

Many agreements require written breach notice + cure period before termination. Your letter can satisfy that.([Volpe Law LLC][5])

Termination & Remedies

Check clauses on refunds, retainage, liquidated damages, dispute resolution.

Your Performance

Be sure you paid required amounts and provided access/approvals. Otherwise their defense strengthens.([Robinson & Henry, P.C.][6])

Escalation: Demand + Cure Window Give written notice, set short deadline to finish/refund/hand off, then switch to replacement and recovery.

Toggle what applies:

Deposit/progress payments already made
Critical milestone blown, no communication
Contract includes written notice/cure requirement
Vendor raised credible force majeure or illness
You have replacement ready if they fail
Downstream client deadlines at risk
If no response
Document non-response, hire replacement, pursue refund/ damages via chargebacks, small claims, arbitration, or suit per contract. Consider reporting licensed contractors.([calalaw.com][9])

Letter Skeleton

Subject: Non-Performance on [Project]

Hello [Name],

1. Identify contract (date, scope, payment terms).
2. Recap payments and work delivered vs outstanding.
3. List dates of missed milestones + unanswered messages.
4. State this is a material breach / anticipatory repudiation.
5. Demand actions by [deadline]:
   • Resume and complete work by [date], OR
   • Provide written confirmation you can’t finish, refund [$], and hand over all work product.
6. Warn that failure to comply = hiring replacement and seeking damages/refund per contract and law.
7. Reserve rights.

Signed,
[You]
Tone tips
Use dates, deliverable names, amounts. Avoid insults. Keep deadline tight (7–10 days) unless contract dictates. Mention mitigation steps to show reasonableness.([Terms.law][8])

Evidence Checklist

Agreement & change orders
Scope, schedule, payment, termination clauses.
Payment records
Deposits, progress payments, invoices.
Communication log
Emails, texts, Slack showing unanswered requests.
Project status
Photos, code repos, docs showing partial/incomplete work.
Downstream obligations
Client contracts or deadlines impacted.
Mitigation plan
Quotes from replacements, steps to secure site/files.
Failure to perform overview Anticipatory breach basics Contractor abandonment guide Vendor breach remedies Notice & cure requirements What if contractor walks off Prompt-payment demand tips Rights when contractor abandons Vendor breach legal steps