Legal Question in Construction Law in California

Contracts

This is my situation: i hired a contractor to remodel or just fix up my house. We have a contract of a certain date and up to now it will be 1 month past that contract. Is this considered as breach of contract? If so can i tell him to go and not pay him anymore? Also this contractor i just found out is not licensed. If this is not a breach of contract is there a way that i can get some money taken out of the job price to compensate for the money i lost from this contract. (rental property)


Asked on 8/26/04, 8:26 pm

3 Answers from Attorneys

Barry Snyder Snyder Law

Re: Contracts

You really need to have an attorney look at the contract and talk more with you about your options. You certainly have some options, especially given the fact that this contractor is unlicenses, but we don't have enough information right now.

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Answered on 8/30/04, 7:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Contracts

The law is pretty much 100% on your side; unlicensed contractors, especially on residential remodel jobs, don't have much in the way of rights in court and can't enforce mechanic's liens. However, materials suppliers he bought from could go after you if they aren't paid. I would make inquiry to find out if there are unpaid bills for materials or equipment rentals before firing the guy, without paying him more. If there are unpaid bills try to coax payment out of him before terminating him.

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Answered on 8/26/04, 8:52 pm
Gary Redenbacher Redenbacher & Brown, LLP

Re: Contracts

To add to Mr. Whipple's reply, you also have the theoretical right to recover every penny you've already paid to an unlicensed contractor.

Assuming the contractor had been licensed, a delay of one month on a decent sized remodel is probably not a breach of contract. The contract time is a best case scenario. Bad weather will extend a contract, as will extras, change orders or, quite frequently, homeowners who can't make decisions on what materials they want.

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Answered on 8/27/04, 4:17 am


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