Legal Question in Construction Law in California

Re: contracts

I assume that the cabinet co. is a licensed contractor since it was, apparently, supposed to install the cabinets in addition to manufacturing them. Under section 7113 of the California Business and Professions code (Part of the Contractor's License Law,) the failure of the contractor to complete the project for the contract price is a basis for a complaint to the California Contractor's License Board. Moreover, it is a basis for a claim against his Contractor's License Bond of $12,500. I would suggest that you advise him that if he won't perform in accordance with his contract, you will pursue your remedy against the bond and that you will be filing a claim with the license board.

In the future, if you contract for home improvements, make sure that the contractural progress payment schedule is such that there is always enough money remaining unpaid to complete the job if the contractor defaults. This "carrot" give the contractor a reason to perform.

Lots of Luck,

Ezra

Re: contracts

If the contract says he'll do it for a fixed price, then he must do it for that price. This assumes, of course, that you haven't asked for any extras.

Re: contracts

I am not exactly sure what your question is. It sounds as if he is now willing to meet his obligations under the contract and deliver the balance of the product for the agreed price. He should only be able to charge you extra if you have modified the contract (e.g. changed the finished product from what provided for in the contract) or some completely unforeseen event.

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