Legal Question in Construction Law in California

CONTRACTOR ABANDONED WORK-

We hired & paid a contractor to build a cabinet for us ($500). The contractor had not completed the work & it has now been about 2 months now. In some attempt to ease us he delivered a partially mabe cabinet base. He continues to use the "I'll be there 1st thing on Tues" excuse and never shows up. To top it off his egregious attitude towards us leaves us not wanting him even in our home. We are a young couple just starting our & $500 isnt easy to part with. He keeps spinning our wheels that he will even return 1/2 of the money and finish the work but to no avail. I believe he is clearly taking advantage of us and it is proven that he has not or will not return to finsih the work we've paid him on. We now have to find someone to complete the work which is tricky since someone will have to match the exact materials he's used. I do not want him to continue to do this to other honest homeowners. Do I have any grounds for punitive damages? Please help.


Asked on 4/25/11, 3:21 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Punitive damages are not available for breach of contract. There is a remote possibility you could develop a legal theory involving fraud or some other tort for which punitive damages are available, but based on the given facts I think your best bet is a small-claims action for your provable out-of-pocket loss.

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Answered on 4/25/11, 3:50 pm


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