Legal Question in Construction Law in California

Contractor refuses to finish job due to underbid

My mother contracted for the demolition and reconstruction of a 2 car garage and part of the driveway. The contract was for $25580 and so far have paid $27580. The job is not done. We asked the contractor for an accounting of expenses because he didn't believe he had exceeded the contract amount. We tried to negotiate last night but he was very defensive, loud, and rude. During our discussion his worker removed all equipment from job site. He states, ''he will not put anymore of his own money into this job'' and walked out. His contract does not comply with state law regarding required statements, license #, etc. What can we do at this point?


Asked on 1/31/02, 5:33 pm

1 Answer from Attorneys

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

Re: Contractor refuses to finish job due to underbid

You should evaluate how many of the following factors are in your favor:

(1) Is the contractor licensed and bonded for this type of work?

(2) Is the contractor solvent rather that teetering on the brink of bankruptcy?

(3) Is the contract in writing, and are all the details specified?

(4) Were permits obtained?

(5) Was the design done professionally, i.e. by an architect or civil engineer, and well-drawn plans and specifications given to the contractor?

(6) Were any unusual or unexpected conditions encountered, such as hard-rock excavation where only ordinary dirt work was expected?

(7) Have your communications with the contractor been timely, clear and in writing?

(8) Was the job supervised by a professional representing you, i.e. did the architect or engineer visit the job site?

(9) Have you agreed to pay for all changes (if any) requested or demanded by you?

(10) Does the contract call for attorneys fees, and contain no arbitration clause?

If you can answer 'yes' to most of these questions, and can handle the ones where the answer isn't yes, you have an excellent chance to sue and win.

Due to the amount of money at stake and the mess that exists due to non-completion of the work, you need to consult a LOCAL attorney who specializes in construction disputes at once.

The amount

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Answered on 1/31/02, 6:07 pm


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