Legal Question in Construction Law in California

breach of contract (construction)

I had some rough grading done on my property by a licensed construction company 12 months ago. The original estimate was for $6300 which included the company getting the permits needed with the county. The final bill was $14,900 due to hard ground, as there was a clause in the contract for this, it was paid as agreed. I now receive a letter from the county, stating that my permit application has expired and I owe the $60 filing fee. And need to refile plans if I plan on pulling the permit to get the work done. Obviously this means that the contractor did not get the permit, and did the work without it. As the property owner I assume I will be responsible to pull the proper permit and get it signed off in the proper manor by the county. What are my legal rights as far as going after the contractor, not only for the services not performed, but also any additional costs I will incur to bring my property into compliance with code, should the permit not be granted, etc. If this is the case can the contractor be held liable for the needed improvements, as the work would not have been contracted had the estimate been accurate and any additional work would naturally increase the cost significantly.


Asked on 12/17/07, 1:21 am

1 Answer from Attorneys
Steven Ostrove Law Offices of Steven Ostrove

Re: breach of contract (construction)

Prior to taking any action you should contact the contractor and inform them of the problem and try to resolve the issue directly and have them obtain the permit. With that said, you should check your contract or have it reviewed by counsel to determine what it says regarding permits.

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Answered on 12/17/07, 7:33 pm


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