Legal Question in Construction Law in California
We hired a contractor to do some work for us. On the last day of the job they caused a lot of damage and they demanded to get paid for the work they did and promised to take care of the damage later. I was uncomfortable in paying them the money so I got several bids to fix the damage they'd done. They indicated that the bids were too high. They've stopped responding to my phone calls and emails. I want to hire another contractor to finish their work, and hire someone to fix the damage they'd done. I owe the contractor money, but after paying for another contractor to finish the work, and paying to fix the damage, there will probably no money left to pay him. What can I do to protect myself from a mechanic's lien and to show abandonment by the contractor?
2 Answers from Attorneys
What, if anything, does your contract say about these issues and/or dispute resolution. As a start, you should document everything in writing to the contractor (via certified mail), including all of the damage issues and the fact that you are hiring someone else to finish the job and make the repairs, and that you are going to offset the cost against his contract. You are in better shape than most if there is still enough due to the contractor to cover everything. You should also take lots of pictures/video of the damage and the work that he did not complete in case he decides to sue you.
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The key is to document, document, document. Make sure you have written evidence and photographs of everything you have said in your question. Then make a formal written demand to the original contractor to finish the job and fix the damage. If they refuse, or fail to respond, you have every right to terminate the contract.
Then have the work finished and the damage fixed. Deduct the unpaid balance on the original contract and you have the right to recover the rest from the contractor. There is not really anything you can do to protect yourself from a mechanics lien, but if you have documented the contractor's damage and abandonment of the project, it would be relatively easy to clear one, and then the contractor would be liable for slander of title.
If you would like further assistance with this problem, I have over twenty years in construction claims and litigation experience, and I have offices near you in San Jose and Cupertino.
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