Legal Question in Construction Law in California
In California, I had a contractor do some repairs in my home with a contract. After that was complete, he proceeded to strongly urge me to remodel my shower because of mold. So I signed another contract. He made strange measurements and proceeded to punch large holes in my walls before actual demolition. Then, suspicious of this recommendation, I had an independent inspection to show that the suggestion by the contractor was not necessary and his methods were considered unethical work practices. I canceled the contract and will no longer hire this contractor. Can I get him to pay for the cost of repairing the holes and the cost of inspection? Should I file an action for business fraud?
2 Answers from Attorneys
You could also sue for breach of contract; the fraud claim would allow you to claim emotional distress damages.
While I don't condone this method of "business building" by contractors, I'm reluctant to recommend filing a lawsuit. The contractor will raise defenses - they may not be valid, but demonstrating that will require time and effort, and probably expense for experts. Your damages are probably not that great. Without further information, I can't be sure, but my hunch is that you're better off finding someone to patch and repaint, and writing it off as a bad experience. Small claims might be a cheaper alternative but even there you'd have a large self-education process to endure to learn the procedure and prospects; then, if you won, collecting a judgment is often not that simple.
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