Legal Question in Construction Law in California

If you complained to the CSLB and the General Contractor was cited but find another incident he committed that you overlooked initially can you submit another complaint. He convinced a subcontractor to change a quote and make part of the work they performed appear to be an extra to the contract. We feel like writing to the subcontractor to tell them their alteration essentially changed the contract behind our back, but don't want to give them a heads up and have read something about privity and wonder if it applies to CSLB complaints. We are sure the GC initiated it because he was fired from our job, but the subcontractor had no right to agree to it, they actually got the information for their quote for our job directly from us, the homeowner, so they had it right until the GC stepped in.


Asked on 8/12/15, 10:44 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sure, you can submit another complaint, and I'm pretty sure the CSLB will consider it and give you a ruling no different than you'd have gotten if it were your initial complaint. The real questions are, (a) are you up for the hassle, and (b) if you prevail, will it have been worth it?

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Answered on 8/13/15, 10:24 am
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

It appears that you don't actually know the general was involved, or that there was any wrongdoing by the subcontractor. Your facts are a little confusing. A subcontractor is allowed to change his quote and his scope of work, at least until there is a written agreement. I can't tell if the subcontractor actually did any work or not. But if he did, and you are satisfied with the work, what are you going to complain about? If the work by the subcontractor was done under agreement with the general, then your claims would properly be asserted against the general.

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Answered on 8/13/15, 11:36 am


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