Legal Question in Construction Law in California

Canceling a contract

I had a contractor install granite. We only had a verbal contract. I picked out the pattern and he picked out the granite and installed two different colors. I had him remove it. It was also not level. Very poor job. He said since it was his fault he would install new plywood for free to make it level. Originally he told me I could only choose a pattern that the vender had a 42'' piece. He called me to meet him at the venders for a 2nd time to pick out a pattern and for me to pick the granite this time. I asked him if he had ordered additional 42'' pieces since the vender only had one piece and he had used it in my kitchen. He said we could use a 36'' piece. I asked him how come two weeks ago we couldn't use a 36'' piece but this week we could. He said it would be okay. I called him and told him I wanted to cancel the job, that I would pay him for the new sink he had purchased but that I no longer had confidence in his work. I have not paid him anything except for the sink, which I wrote ''paid in full'' on the check. He has not cashed that check. He did remove the tile in my kitchen, bought the granite and paid the installers. Can he sue me for the work he did?


Asked on 10/27/07, 6:55 pm

1 Answer from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Canceling a contract

He could try, but you have viable defenses. For example, it is a violation of the contractors license law to do work on a residence without providing a very detailed written contract. See California Business and Professions Code sections 7150, et seq. Also check to see whether this person is a licensed contractor. If not licensed, he or she is unable to bring a lawsuit.

Good luck

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Answered on 10/27/07, 7:36 pm


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