Legal Question in Construction Law in California
Extras owner did not authorize in writting
Owner wanted extra work done over and above the contract.We did the work. Now she claims she did not authorize the work in writting and will not pay for it. What are remedies? If any?
Bill NIcholls
2 Answers from Attorneys
Re: Extras owner did not authorize in writting
Even if the contract states that changes to the scope of work must be in writing, you are still entitled to the reasonable value of the additional work verbally authorized by the owner if you are a licensed contractor. If the amount is less than $5000, then you can sue in small claims court. If it is over $5000, you still have mechanic's lien rights and you can record a lien against the property and file a foreclosure lawsuit in Superior Court. If you are not a licensed contractor and the contract was over #$500, then the owner owes you nothing.
Re: Extras owner did not authorize in writting
oral contract, if under $5000 take him to small claimes and use a quantum merit, value of the work done, breach of contract theories --- i hope you are aliscensed contractor or you may have a problem -- if your original contract was in writing does it say extra work must be in writing or not
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