Legal Question in Construction Law in California

Contractor issue

we did not have written contract. original agreed time frame was 3 days, extend to one week and dragged for 2 weeks. But sill only 50% of work was done. Both parties agreed to stop the project. We offer to pay 50% of agreed amount and he demanded full payment plus cost of his tools he purchased for the project. Contractor contacted one of the family member and demanded for the payment which is even different than originally agreed amount. Check was written to contractor by family member. After reviewing his newly charged amount, we've made stop payment and request to meet to revisit his charges. This action was notified to contractor and meeting was scheduled. He failed to show up and gave run arounds. Recvd letter along with false past due invoices via cert mail and that he is going to deposit the check. He is now sueing for the 3 times amount (total of $1500) and saying that we bounced the check. His price kept changing and keep saying because we didn't have written contract that he has right. he now also denying the some of the work that was agreed to do originally. Is this legal? What do I need to prepare for the court and what is the best way?


Asked on 5/28/08, 4:13 pm

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

Re: Contractor issue

You didn't mention the most important fact, which is whether the contractor has a license. If he has no license, he's a lawbreaker and has virtually no rights in a dispute with you.

Also, if the guy has a license, he's probably violated a legal requirement (assuning this is a home improvement project) that he must provide a written job description and estimate, if not a full-blown contract.

Sounds like this fits small claims (max. $7,500) and my advice is to invest twenty bucks or so in one of those self-help law books on "how to prepare and present your claim in small claims court" or the like. There are several; Nolo Press is one of the well-known publishers but not the only one. Be sure the book is oriented to California law.

There are three separate aspects to learn about. The first is how to prepare, file and serve your papers. The second is how to present your case, including the effective use of evidence (exhibits, documents, whatever) and witness testimony. The thir aspect, should you get that far, is how to collect your judgment.

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Answered on 5/29/08, 12:39 am


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