Legal Question in Construction Law in California

Re: Deviation From Contract & Blueprints

This sounds like a typical breach of contract action. You contracted to get a widget, but it sounds like they built a gadget, so you are theoretically entitled to all the damages that flow from it not being a widget.

In practice, such damages usually means the cost of making the thing a widget, but it can sometimes mean the diminution in value of the addition as a result of the contractor building it wrong.

You should be able to get copies of your plans from the building department. Once litigation starts, you can demand a copy of your plans from the builder if they don't turn them over voluntarily.

To enforce your rights, you'll have to prove what the contract consisted of and what your damages are. A lawyer can work up what the contract consisted of. Determining damages often requires an expert to show where the contractor was deficient, to produce a scope of work for repairs/alterations to bring the project into compliance with the plans, and also to come up with a cost of remediation. All this is then handed to a lawyer (or, you can try to do it yourself, but be prepared for a remarkably complex process) and she puts it on in front of either a judge or a jury (or arbitrator).

Once you get a judgment, you then have the enviable task of collecting the judgment.

There are other things you can do to try to resolve this. I suggest you contact the Contractors State License Board right away. They may be able to apply some pressure to the contractor.

You should also make a claim against the contractor's license bond. This is a very limited remedy (both in scope and dollars), but it can sometimes be a partial solution. Plus, it applies pressure to the contractor to make things right.