Legal Question in Construction Law in California

Can't collect money

Worked with contractor to get the job, I should get % of commission, after we got the client, the contractor disappeared, emailed him, called him, but no answer, I can't drive long way to his home to argue with him, I regret I did not made agreement before I start the work. I shouldn't trust this contractor, Waste all my hard works...

No agreement, no evidence, how can I collect the money?


Asked on 12/23/12, 12:47 pm

2 Answers from Attorneys

You can't. If you had no agreement or understanding that you would get a commission, you have no legal right to any. Why should a person have to pay you when they did not agree to or at least have a mutual understanding that you would be paid?

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Answered on 12/23/12, 2:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I can't say I fully agree with Mr. McCormick that you aren't entitled to a percentage of the commission, since partnerships and implied contracts don't always require either a written or an oral agreement. So, "no agreement" is not necessarily a barrier to collecting. However, with "no evidence," I'd say your chances of collecting in or out of court are so slim that it's probably not worth making the effort, especially since the contractor seems like kind of a deadbeat.

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Answered on 12/23/12, 2:58 pm


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