Legal Question in Construction Law in California

Breach of Contract

I hired a contractor on 2/16/07 to do an addition on my home, he has taken $42,300.00 from me and has not finished the job. My home has been damaged from water, my home and yard are torn apart. The work that he has been done is not up to city code. He will not answer any of my calls. Work has not been consistent over the year that has passed and no work has been done on the project since 2/5/08. I have no money left to hire an attorney. The entire job was supposed to cost $49,000.00, however there is still $35,000.00 remaining in work on the project. I went to the civil court however I have no idea which forms I need to submit. I would like to know which forms I need to fill out to take him to civil court and try to recover some of the money on my own. I appreciate any help that can be given. Thank you.


Asked on 3/21/08, 2:15 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Breach of Contract

Forms? Do you really think that all you have to do is fill out a couple of forms and magically you get a judgment? I don't mean to be sarcastic, but you are in a mess that has no easy solution. You admit that you don't know how to proceed, that's normal and why people hire attorneys. If you do file suit on your own, you will have to be able to act as your own attorney and be held to the same standards as all attorneys, following all the court procedures and rules and timelines for pleadings, discovery, motions, trial, etc.

Before doing anything, you really need to consult with experienced counsel to determine what makes sense to do, legally and practically. Unless the contractor is worth pursuing, don't waste your money suing him. Many 'contractors' disappear at the first sign of legal trouble, having no assets for you to get to, even if you do spend the year or so it will take to get to trial and a hoped for judgment. That is the first determination you must make, before doing anything else.

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Answered on 3/21/08, 1:42 pm


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