Hello, this is Cheongchul Law Firm.

The work is half finished, the contractor stops showing up, and the phone goes unanswered. This is not rare in interior fit-out and small building works. The most common reaction – “we are in a hurry, let's just bring in another contractor to finish” – is often the one that hurts the owner most.

The order needs to change: preserve the evidence, then demand resumption, and only then resolve matters.

[Contents]

1. Why you should not bring in another contractor first

2. Step one – record the site as evidence

3. Demanding resumption within a reasonable period

4. A “defect” is not the same as disliking the result

5. If different materials were used

6. If a dispute has begun

1. Why you should not bring in another contractor first

A contractor walking off site does not automatically terminate the contract. While the contract remains alive, if the owner strips out the work or brings in a replacement, the original contractor may later argue that “we could have completed it, but the owner obstructed the work.”

If that argument lands, the whole frame inverts. What should be an inquiry into the contractor's non-performance shifts into a question of the owner's delay in acceptance or breach of the duty to cooperate, exposing the owner to liability instead. There is a more practical problem too: the moment another contractor touches the site, the state of the works at the point of abandonment becomes impossible to establish after the fact. Exactly the evidence needed to argue the value of work performed, what was left undone, and which defects existed simply disappears.

2. Step one – record the site as evidence

Once it is clear the contractor has gone silent, the first priority is to document the site exactly as it stands that day, in photographs and video:

1. Overall progress – wide shots of the whole site, then trade by trade

2. Unbuilt portions – how far the work got and where it stopped

3. Condition of completed work – level and plumb, finishes, any leaks or cracking

4. Materials used – product labels, packaging, markings that identify the materials

Ensure the date is captured, and where possible have a third party verify the condition or secure supporting evidence from the building office or neighbours. Even if an expert appraisal follows later, whether a record of the condition at the point of abandonment exists changes the starting point for valuing the work performed.

3. Demanding resumption within a reasonable period

With evidence secured, the next step is a written demand to resume. Text and messenger records count, but where a dispute looks likely, a certified content-proof letter (내용증명) is safer.

This is not merely a protest – it has legal effect. Civil Code Article 544 (민법 제544조) provides that where one party fails to perform, the other may fix a reasonable period and demand performance, and may rescind the contract if performance does not follow within that period. A demand to resume within a set period is therefore the precondition for later rescinding the contract. Under the proviso to the same article, however, where the contractor has already clearly declared they will not perform, no such demand is required.

The letter should set out the contract terms, how the work came to stop, a specific deadline for resumption, and notice that failure to resume will lead to rescission and a damages claim. If the contractor does not respond and the contract is rescinded, the additional cost of engaging another contractor to finish may be pursued as damages for non-performance under Civil Code Article 390 (민법 제390조).

4. A “defect” is not the same as disliking the result

This is where owners and contractors most often talk past each other. In law, a defect is judged not by “it looks wrong” or “I don't like it”, but by whether the work falls short of what the contract specified or of the quality and workmanship ordinarily required.

The claim must therefore be framed as: what differs, and how, from the contract, quotation, specification and bill of quantities. Matters that a third party can verify – work out of level or plumb, leaks, cracking, demonstrably poor finishing – are what need to be identified.

Where a defect is established, the owner may fix a reasonable period and demand repair, and may claim damages in lieu of or together with repair (Civil Code Article 667, 민법 제667조). Under the proviso to Article 667(1), however, repair cannot be demanded where the defect is not material and repair would require excessive cost.

One further point deserves attention. Civil Code Article 668 (민법 제668조) allows rescission where a defect in the completed work defeats the purpose of the contract, but expressly provides that this does not apply to buildings or other structures on land. Depending on the nature of the works, rescission may simply be unavailable, so the choice between repair, damages and price reduction should be made early.

5. If different materials were used

Where materials differ from those agreed, and the type, brand, model and grade formed a material term of the contract, the work departs from the contract. Repair, replacement works, a price reduction, or damages may all be considered.

The difficulty is proof. If the contract says only “premium materials” or “good materials”, establishing what fell short becomes hard – the contractor can simply argue that what was supplied qualifies as premium.

That is why the material name, manufacturer, model and specification or grade should be pinned down in the contract or quotation at the outset. Even once work has started, if a change of materials is agreed, record that agreement at least by message.

6. If a dispute has begun

Abandonment cases usually tangle valuation of work performed, defects, and delay losses all at once. How the claim is structured depends on the gap between what the owner has paid and the value actually built, and on whether the contract is rescinded or kept alive with a repair claim.

And withholding the balance needs care. Holding back the entire remaining payment on the view that the contractor is at fault may leave the owner in breach as to the portion corresponding to work actually performed.

Cheongchul Law Firm has handled many construction disputes involving rescission of works contracts, valuation of work performed, defect repair and damages. If your contractor has left the site, please seek advice with your contract, quotation and site photographs before clearing the site.

This post is provided for general legal information only and does not constitute legal advice on any specific matter. Outcomes depend on the facts and evidence of each case.