Legal Question in Construction Law in California

Re: Abandonment

The law of bailments applies; in California, the law calls it a "deposit." In California, the Civil Code (sections 1814 et seq.) are where the law is codified. You are the "depositary" and the contractor would be the "depositor." This would be a voluntary but gratuitous deposit, meaning you voluntarily accepted possession of the tools (even though you did not expect to be stuck with possession this long), but you are not receiving any consideration for keeping them (he isn't paying you a storage fee, nor did he hire you to clean and repair them).

The rules for a voluntary, gratuitous deposit are:

1. The depositary must use, at least, slight care for the preservation of the thing deposited.

2. The duties of a depositary cease upon (a) the restoration of the thing to its owner, or (b) upon reasonable notice given by the depositary to the owner to remove it, and the owner failing to do so in a reasonable time.

What is a reasonable time? The law does not give us any explicit guidelines. Two weeks is probably too little. I would say, to be on the safe side, you should very diligently pursue finding out how to contact him, perhaps checking with the Contractors State License Board, asking his materials suppliers or employees, really make an effort and keep notes. Then give written notice in clear terms by certified mail. Then wait six or eight weeks. He may be in the hospital, on a long vacation, or who knows, in jail.

After notification and a "reasonable" wait, whatever that is, you duty to use even slight care expires. However, the law stops short of expressly allowing you to sell the items.

Nevertheless, I would say at this point you would be legally safe in disposing of the tools in a commercially-reasonable manner, i.e., sell what is saleable to a dealer after getting one or two competing bids, and donate or dump the rest. Be sure to get defensible deals. The money received doesn't belong to you. The contractor may resurface; if so, you have satisfied your obligation to him with respect to the "stuff," but if there are net proceeds, after deducting your costs, those still belong to him and you will have to fork them over upon request.