Legal Question in Construction Law in California

You'd Think I'd Know Better

Construction Problem - I am a general contractor and I hired someone to do tile work. I paid them half (by transfer to their checking account) to get materials and begin and half (same way) at completion. We shook hands and parted. Now he is trying to get ANOTHER $6000 for extra work done, extra materials, extra things. He is licensed, has no employees, and others I do not know did the work. There is no paper work by anyone other than a bid done months earlier that I signed, before I was even authorized to do the work. When I signed the bid, no money changed hands. The bid was basically a one-liner, “tile shower”. There are no written change orders, and in fact, no changes to the original scope of work at all. He is now threatening the homeowner, etc. Advice?


Asked on 8/31/07, 1:24 am

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

Re: You'd Think I'd Know Better

I have a lot of these cases going on right now. Filed one in Hayward Superior yesterday, and will file another in Oakland Superior today, in fact.

There are a number of open questions that need to be answered before I can tell you the best way to proceed. Primarily among them are, (i) do your words "There is no paper work by anyone..." mean that you are doing a work of home improvement without a contract with the homeowner, and (ii) what is your sub threatening to do, and (iii) what is the position of the homeowner with regard to these overages?

Feel free to call my office if you want to discuss further.

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Answered on 8/31/07, 12:10 pm


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