Legal Question in Business Law in California

I hired a contractor to re-level my floor because it is visible slanted. The contractor came and did his survey. After that, he wrote me a contract reads Re-level/Adjust noted floor in living room (Approximately 18'X22') as able. He told me he will fix the slanted area.

After the job is finished, the slanted area is still unchanged. He told me the reason is that the slab area has a concrete wall and fireplace underneath. It is impossible for him to level. Since the contract read as able. Therefore, he wants me to pay for the area that he has work on. The slab area is about 18'X7'. Here is the word from the contractor "Unfortunately this area has a concrete wall and also an abandoned fireplace which make it physically impossible to lower the floors. There is no way around it."

I felt i was mislead to sign this contract because he did not tell me there is impossibility while he gave me the statement of work. Now, he is using "As Able" to force me to pay while the whole floor is still slanted as before.

I told the contractor that I had a tenant that was going to move in 3 days after his contract stated the completion date. My rental agreement with my tenant is that I would fix the slanted floor before he moved in. Now, my tenant walked and the contractor is asking to pay for it. Because of this, I got into financial problem. Should I pay him or should I sue him breach of contract?

Thanks,

Josh


Asked on 7/29/16, 3:00 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

The contractor should have investigated before he gave you a quote, and it is doubtful the concrete wall and fireplace magically appeared after he started the work. He must have known the problem could not be corrected before he did the work, and should not have continued work after he discovered it. If the only purpose of the contract was to correct the slant of the floor and not, for example, to refinish the floor, then he did not complete the work specified. It may be that you have a fraud complaint as well as a breach of contract. If this is a licensed contractor, then you can make a complaint with the licensing board. It would be in your interest to consult with a local attorney specializing in construction lawsuits. Most litigation attorneys will evaluate your case at no charge before you hire them.

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Answered on 8/15/16, 4:35 pm


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