Legal Question in Construction Law in California

Re: re. Building a Pool

Your contractor is probably in breach of the contract and other causes of action exist as well for abandoning the job. The contract should have been completed by the completion date but there may be a clause in your contract regarding delays and/or who owns the "float" (has to do with delay damages in construction contracts) for the job. Because the contract and pool was to be completed by Feb 1, 2007 he is most likely in breach even if some delays are justified because it is now July. The only way where the contractor would be justified in abandoning is if you are in breach by not making the payments according to the agreement which does not seen to be the case because you paid 85% of the payments. I suggest you contact a construction attorney who specializes in this area. Furthermore, attorney fees are recoverable against "pool contractors" even if the contract does not dictate that attorney fees are recoverable (this is one area where the legislature has made attorney fees recoverable because there are so many disputes with pool contractors that they wish to reduce disputes). Please review my profile and contact me should you seek representation on this matter. We represent all of California.

In the meantime I suggest the following:

1. Make a claim against the contractors license bond (found on the California State Contractors Website);

2. Collect all documents and correspondence for the case in a file;

3. File a written complaint with the California State Contractors License Board;

4. Send a written letter to the contractor notifying him simply that he has breached the contract and abandoned the job and must complete the job immediately by (give him 2 weeks to complete in the letter). Tell him if he does not complete the job according to the contract within two weeks you will have the project completed at his expense and initiate litigation against him.

5. Contact a construction attorney for representation and file a lawsuit.

Thank you for your question.

Re: re. Building a Pool

Your contractor is in breach of his agreement. I would recommend that you file a complaint with the California State Contractors Board, and that you file a claim against his license bond (get info from Contractor's Board) Most likely, you will also have to sue your contractor if he has anything worth collecting from. The best advice is to go see a CONSTRUCTION attorney; the cost is well worth the advice. Best of luck