Legal Question in Construction Law in California

construction

We recently finished building our custom home. we hired a general contractor to manage the project for us. we signed a contract and started to do the project. basically, during this entire process, either myself or my wife had to step in, to either contact the sub-contractor or to tell the sub contractor what to do. this went on for months. my question is this. since this general contractor has a bond, can we attach to the bond in order to get a refund for payments made, that we feel were not just. we paid the full amount, even though this general contractor didn't do his job. we felt that if we kicked him off the job during the construction phase, he might stir up trouble when we try and close the house in escrow. do we have something to go after?


Asked on 2/23/07, 12:29 pm

1 Answer from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: construction

You've made things more difficult for yourself by waiting until the project was over before confronting the problem. It's going to be hard explaining why you shouldn't pay him when there is no trail of complaints through out the project. If it was really that bad, why did you keep him on? In other words, you may not have the proof necessary to show that he wasn't doing his job if there is no history of written problems, telephone calls, emails, etc.

Unless you can show that you suffered "damages" from the general contractor's work, the bond won't pay you anything. Just having to step in and make decisions that the GC should have made isn't considered damages. You'd have to show that you spent more directly as a result of something the GC did or didn't do.

I also note that you say that you hired the GC to "manage" the project. Does this mean that he was really only acting as a construction manager rather than a general contractor? The duties are different with the manager doing significantly less than a GC does.

Bottom line, from the facts you have provided, it just sounds like you are disappointed. The only way to assess this properly would be for you to take all the documentation to a construction lawyer and hire him to review the GC's performance.

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Answered on 2/23/07, 12:58 pm


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