Legal Question in Construction Law in California

I just had my bathroom repaired due to a leak. I have a check $5000.00 from my Insurance Co. maid out to myself and the contractor. My contractor wants me to sign a release form. The work is complete but not all the work was completed by the contractor some of it we did ourselves with his approval due to time he was taking and with the understanding the Contractor would not charge us for the work the contract said he was suppose to do and we ended up doing. Do I sign a release before I get the money he owes us for the work he did not do about $700.00 ? ANd ho do I assure I get my $700.00 if the check is in both names ?


Asked on 10/26/10, 10:19 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If he is entitled to $4,300 from the $5,000 check, go with him to your bank, get him to co-sign that check to you to deposit into your account and give hlm a check from you account for $4,300, but make the check for a date after the insurance check will clear so that your account does not become overdrawn. Do not sign the release until after the insurance check has become available. But what are your releasing him from? I would not sign any release because it probably says that you give up any claims you might have against him; what if you do not find anything wrong wilth his work until 2 months from now?

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Answered on 11/03/10, 9:25 pm


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