Legal Question in Construction Law in California

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.

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.

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.