Legal Question in Construction Law in California

Re: Contractor dragging feet on fence construction

If the contract is silent on when work begins, it is required to begin within a "reasonable time".

You should call him immediately and insist on a definite starting date. If he waffles or hedges or says something unsatisfactory, send him a letter demanding to know when he intends to start and that that date be within a reasonable time. Tell him that if he does not do so by X date to your satisfaction, you will consider him in breach of contract and will hold him to not only a refund of what you have paid, but for damages for any amounts over his estimate you might have to pay somebody else.

You could also at some point consider complaining to the California Contractors' Licensing Board, which is in Norwalk. You can look up the number, or they might have a website.

Good luck.

Re: Contractor dragging feet on fence construction

Sorry, let me clarify your my answer to your question. It does seem that they have to some extent began work. So the issue is not so much the date work begins. My apologies for the confusion. When the contract is silent on the completion date, they are required to complete the work diligently and within a reasonable time.

So, instead of demanding a date on which they start, demand that they pick up the pace and give you an estimated completion date.

I hope that makes things more understandable. Please feel free to e-mail me at [email protected] if you are at all confused or have further questions.

Although I presently practice in Georgia, I have been a member of the California Bar since 1979, so your question was referred to me.

Re: Contractor dragging feet on fence construction

From what you�ve said, the contract probably violates a section of the Contractor�s License Law. The work the contractor claims he�ll perform seems to fit with the definition of a home improvement contract (Cal. Bus. & Prof. Code Sec 7151). Another code section in that Article identifies specific provisions that must appear in writing in a home improvement contracts (Cal. Bus. & Prof. Code Sec 7159).

One provision requires that every home improvement contract, not the proposal, but contract, shall have a definite start and completion date.

Next, and more importantly, under a home improvement contract, any initial payment to the contractor cannot exceed the lesser of $1,000.00 or 10% of the contract price. The contractor is prohibited from ever collecting funds from the owner in excess of the total value of labor and materials actually provided to the work of improvement. Here the contractor�s requirement that you pay over half the estimate before work even began certainly violates Sec 7159.

I�d write a letter telling him you believe he�s in breach of the contract, that you want him to provide a contract that complies with Bus. & Prof. Code Sec 7159, and that you expect him to refund the excess of moneys you paid over the value of the labor and materials required to trench for footings and install the re-bar. Tell him that if he fails to do so within a specific period of time, you�ll avail yourself of your legal remedies.

If he fails to respond, you have several options. You can sue, but that would be costly unless you qualify for small claims court (demand of $5,000.00 or less). You can also file a complaint with the Contractors State License Board. Finally you can make a claim on his license bond if he is in fact licensed.

Your question is silent on whether the contractor is properly licensed. You can check the status of his license at the Contractor�s State License Board website, http://www.cslb.ca.gov. If the contractor is licensed, you�ll see information on his license bond. That bond, usually in the amount of $7,500.00 is available to compensate persons harmed by a contractor�s violations of any of the disciplinary provision of the License Law. From the facts you�ve stated, the bond would be available to you for the contractor�s actions if he doesn�t respond to your demand letter.

I hope this helps. Feel free to contact me if you have more questions.

Now the inevitable caveat:

The foregoing information is provided as an accommodation only, and does not constitute specific legal advice or a biding legal opinion based on a comprehensive review of all relevant facts, nor can provision of such information be construed as creating an attorney-client relationship.

Tom Newton