Legal Question in Construction Law in California
Exactly how binding is a contract between a consumer and a service provider?
My husband and I hired a landscape contractor to provide a complete renovation of our front and back yards. He presented a contract which we signed.
The contract states that the project would be completed in ''14 to 20 days''. We are presently entering week number six. The jobsite is reminiscent of a battle zone. Nothing is cleaned up at day's end and the crews are consistently running short of material. We are unable to use the driveway, and the front walkway is blocked by a large pile of gravel which the workers use to mix cement.
My husband and I are well into our 70's and this situation dragging on and on, with all of the debris laying around, etc., is very difficult for us.
We estimate that the project is about half compleated. The Landscaper has been paid almost the full amount quoted in the contract.
The last payment, in the amount of $13,190.00, was made on Fri.,May 27, '05 prior to the beginning of the Memorial Day weekend.
Our question is this: If he did not directly deposit this check at our bank, should we stop payment, and what recourse do we have as to the overrun of time mentioned for compleation?
1 Answer from Attorneys
Re: Exactly how binding is a contract between a consumer and a service provider?
Generally, contractors talk in terms of work days. Thus, 20 days would usually be the equivalent of 4 weeks assuming no weather delays. Still, I understand it's disturbing when projects go over. A more important question is whether they are doing a good job, other than poor clean up?
You presently face a difficult choice. If you think that the landscaper is going to do the job well and at the price contracted for, you may wish to grin and bear it. This is because the guy obviously underbid and you're getting a terrific deal.
If you can't stand the mess and think that this is a material breach of contract, then you might have the right to throw him off the job, replace him and, theoretically, charge him back for the difference to complete the job. It is a dicey thing breaching a contract, though, because it's always possible that a judge or jury won't agree with you that the other guy materially breached first, thereby excusing your performance.
Have you talked to the contractor and expressed your concerns about clean up? Let him know that the worksite is a bit too much out of control for you to cope with. Suggest that the crew spend the last 20 minutes of every day just cleaning up.
If this doesn't work, you could call the Contractor's State License Board and lodge a complaint. Mind you, this will definitely sour your relationship, but it sounds like the relationship is already strained.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
