Legal Question in Construction Law in California

additional fees for remodel

Contractor is adding fees for code compliance not expressly written in our contract. What recourse do we have - he was not expecting us to get permits. Signed contract does say ''work not described in this Contract might be required...Customer will enter into new Contract or addendum...which may include additional charges.'' The Code requirments are common knowledge - not unforseeable addition as they are saying. Do we have to pay? We now feel they're going to charge to put the dirt back into the ditches and for the cement to stick the tiles on with since that wasn't in the contract either.


Asked on 4/26/08, 9:15 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: additional fees for remodel

Contractor is required to comply with code for all work described in his contract. But, if the existing installation is not per code and the inspector required it be brought up to code, this wold be a proper charge. Similiarly, if you furninsed the drawings and specificaions, and the building department or inspector required changes from the design shown, the contractor would be entitled to an extra. Ask the contractor if he intended to perform work not to code; this is contrary to the contractor's license law (Business and Professions Code Section 7110)

Best of luck,

E. Leonard Fruchter

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Answered on 4/28/08, 12:44 pm


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