Legal Question in Construction Law in California

Re: contractors law

This probably falls under the contract provisions, if any, covering a breaching party's "right to cure" after a default. Construction contracts on major projects will almost invariably have provisions for regular inspections during construction by the architect, engineer or a consultant hired for that purpose, and when the contractor breaches the contract by doing something wrong, there are contract provisions for the owner to give notice in writing and the contractor then has a certain period of time to address the problem. The same idea is reflected in the common practice of the owner giving the contractor a "punch list" near the time of substantial completion.

In smaller projects, the contract can be as brief as a quotation signed by the owner, consisting of one or two pages, and no details covering what happens when things go awry.

If this is your situation, I would say that most judges would treat the unwillingness of the owner to cooperate by allowing you an opportunity to fix a problem as a mitigating factor in computing and awarding damages, and in some cases it might be a complete defense.

On the other hand, the judge will listen carefully to the owner's arguments, and if the owner alleges and proves loss of confidence in you due to too many glitches or that the project was over budget or behind schedule, I think you might get far less sympathy from the judge.

As to whether you can be sued, yes, of course you can....the real issue is whether you will win or not, and if you lose, what sort of damages will the owner be awarded.

Finally, I'd add that if you aren't licensed, your chances of losing are almost 100%.