Legal Question in Construction Law in California
At the end of my remodel my contractor submitted a bill for many charges that I was unaware of. He said they were not included in the original contract and I was responsible for them since the work was already done. I felt threatened by his verbal behavior and signed and paid the extra fees. He asked me to date the contract with a date 6 weeks earlier, which I refused to do and wrote the actual date I signed. After three months of hounding him for my copies of the contract I saw he changed the date I wrote on the contract to an earlier date. Are there any legal ramifications to changing the date of a signed contract?
2 Answers from Attorneys
There could be significance to the contract date, maybe something to do with when he acquired a mechanic's lien. Possibly something to do with when payments became due. If he actually altered documents after they were signed by you, this sounds like an attempt to commit a fraud. Normally, I'd expect a cheating contractor to change dates the other way, to show that the job was completed on time when in fact he was late.
You'd presently be in better shape if you had refused to meet his demands until you could confer with legal counsel and/or get better documentation from him, but even now if the amount of the disputed charges is significant, you should seek a free initial consultation with a lawyer in your neighborhood who has some contractor-dispute experience.
I assume the guy is licensed. Your case is stronger if he is not.
Keep in mind that most contracts have provisions in them for changes requested by the owner. Often, these provisions specify what changes must be in a signed addendum, and which may be oral. Before taking any legal action, review the contract carefully for any references to "change orders" initiated by the owner.
Sounds like he wanted you to have "agreed" at a time earlier. The changing of the date backs up your whole story, and is evidence of fraud on his part. He may feel some pressure with the case properly presented. How much is the dispute over?
Best,
Daniel Bakondi, Esq.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
www.danielbakondi.com
415-450-0424
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