[IN] Can a contractor terminate a contract for material breach when a homeowner performs unauthorized work on a job site?

IN Employment

I’m a contractor doing a bathroom remodel. The customer’s son keeps entering the job site and doing work without my permission. This violates our contract and exposes me to liability if he gets hurt or damages property. Am I within my rights to cancel the contract for material breach?

January 9, 2026

TJ, Esq.

17,778 satisfied customers

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Based on what you’ve shared, whether you can cancel the contract depends on whether the son’s actions qualify as a material breach under Indiana law (Indiana Code § 26-1-2-601). Generally, a material breach is a serious violation that defeats the purpose of the contract.

Unauthorized work by a third party—especially after notice—can be considered a material breach, particularly if it exposes you to liability (Indiana Code § 25-1-1.1-2). This is even stronger if your contract restricts who may perform work or control the job site.

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Lexi, Chatbot

I understand your concern. Have you discussed the son’s actions with the customer?

Yes. I brought it to their attention, but this past weekend he was back in the job site moving things and working on a drain without permission.

Lexi, Chatbot

Have you documented these incidents or your communications with the customer?

I don't know.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

I don't know.

TJ, Esq.

Thanks for reaching out. Could you tell me whether your written contract addresses who is allowed on the job site, and what state you’re located in?

Here are the sections I believe were breached:

“The Client or Contractor may terminate this Agreement with reasonable cause by providing written notice of a material breach… or any act exposing the other party to liability for personal injury or property damage.”

Independent Contractor Status: The Contractor has sole control over the means, manner, and method of work, including hiring assistants. The Client will not supervise, hire, or direct the work.

I’m in Indiana.

TJ, Esq.

17,778 satisfied customers

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