Legal Question in Construction Law in California

A contractor in CA failed to complete the job which we hired him to do. He left some tools, with a value of approximately $125 at our home. How long do we need to keep these items before they are considered abandoned and we can take them to the dump? What is our responsibility in this matter? We have had them for seven months at this time. We do not want to see this contractor again due to his past poor behavior.

Thank you.


Asked on 10/02/09, 6:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Under the law of bailments, called "deposits" in California's statutes on the subject, you'd be required to do the following:

(a) give the lfet-behind property at least "slight" care;

(b) notify the owner of your intent to dispose of the property, and give him a reasonable opportunity to come and get it (in other words, you can't say "Pick 'em up between 2:30 a.m. and 4:15 a.m. this coming Sunday; that wouldn't be a reasonable opportunity).

(c) if, despite notice and opportunity, the property isn't picked up, you can dispose of the property in a "commercially-reasonable manner." If that means you sell it, the net proceeds after deducting your costs of storage and sale belong to the former owner (the contractor).

Means of disposal that might be commercially reasonable for more valuable stuff might be eBay, Craig's List, a garage sale, pawn shop, flea market, a dealer, or whatever; however, here it looks like none of these alternatives is reasonable due to the low value compared with the time and effort involved, so commercially-reasonable disposal might be donation to the Salvation Army, or to the landfill.

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Answered on 10/02/09, 7:43 pm


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