Legal Question in Construction Law in California

contrator work quality

can you sue a contractor for incompletion of work


Asked on 6/22/07, 11:08 am

2 Answers from Attorneys

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

Re: contrator work quality

Most such suits would be for breach of contract. Therefore, the starting point is to compare what the contract obliged the contractor to do, and when, and decide whether there has been a significant breach. If so, suit is not only possible, you have a decent chance of winning.

While looking at the contract, you should also look to see if there is a clause requiring mediation or arbitration of disputes. If so, you will probably have to honor those commitments. Also look to see whether the contract contains an attorney-fee clause. If so, the prevailing party would get their attorneys' fees awarded in addition to damages, and the presence or absence of such a clause can make a big difference in the economics of suit.

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Answered on 6/24/07, 8:11 pm
Jim Schaefer Schaefer & Associates

Re: contrator work quality

Yes you can sue anyone for anything if you desire in this country unless the suit is vexatious and frivolous. Whether you will prevail depends on the specific facts of your case. Without a more detailed question I can not provide anything better than that.

Generally speaking if a contractor abandons a job there are a number of legal theories which you can sue him on, assuming you have paid the contractor for the work he has done and/or complied with the contract and you yourself are not in breach of the contract. The main cause of action would be for breach of contract. There are also specific statues for contractors abandoning a job.

Please check my profile and should you seek representation then please let me know. We serve all of California.

Thank you for your question.

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Answered on 6/22/07, 12:47 pm


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