Legal Question in Construction Law in California
Contractor refused to finish work and is now asking to complete work
June 2004 work for basic electrical contract began, aprox $30K. May 05 change order(CO)for aprox $5K came. Some work in contract was not done & incorrect CO�s stated: ie we wired phone & cable w/ his ok - amt never deducted. CO�s charged for 22 xtra switches, only 5 xtra exist (ect). No CO�s were ever mentioned before work. In June, we advised we didnt agree w/ CO�s & a progress payment was given. He & wife came to the job cursing & yelling over CO�s, we asked for contract completion because we needed final inspection that week. He left cursing saying he was filing a lien & not finishing. He sent a 20 day prelim notice (only one ever)aprox $10K for reminder of contract amt & the supposed CO�s. After 2 wks we sent a breach of contract notice for abandonment & filed a complaint w/ license board. Fees for bank loan ending & xtra premiums forced us to complete the work after he left. 2 wks later came a letter from an attorney stating his client was thrown off property & we are in breach of contract for not letting him finish, it asked when he could be back to finish. Due to his previous aggressive conduct we dont feel safe w/ him back on our property. We paid $26K to him, & more than contract amt in finishing. What should we do now?
3 Answers from Attorneys
Re: Contractor refused to finish work and is now asking to complete work
I would get a local attorney who is very familiar with construction and instruct him or her to negotiate a settlement, possibly with use of a neutral mediator. Or, you could suggest a quick and binding arbitration.
Cases like this are thick with facts and very thin on legal issues. Also, the amount of money, etc. in dispute is small in relation to the costs of filing suit and preparing for trial.
So, my advice is to set the stage for an early settlement, and I think the easiest way to achieve it is to put the parties themselves on the sidelines, since there is obvious antagonism, and use your attorneys and/or a mediator, or possibly even an arbitrator.
I'm curious about who prepared the change orders. Did you employ an architect? Is this residential or commercial work? Who wrote the contract, the electrical contractor himself, or the architect, or a general contractor? This additional information would be helpful to anyone trying to answer your question.
Re: Contractor refused to finish work and is now asking to complete work
Either sue for your overpaid amounts, or defend his suit if brought against you. Either way, you are going to need an attorney to help. Feel free to contact me if interested.
Re: Contractor refused to finish work and is now asking to complete work
Obviously they have no business on your property any longer as you have completed the job. It initially appears that you would be entitled to the amount you paid for the work less the contract price. Fight fire with fire; get represented. Call me directly at (619) 222-3504.
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