Legal Question in Construction Law in California

Hello,

I recently had a foundation leak insurance claim in my home. I received an estimate from a general contractor to do the work. I agreed and signed the estimate for them to do the work and rebuild my home. I noticed they were taking their time for the repairs after I gave them an initial material check of over $9800. They were able to finish my floors and put up the drywall. I spoke with the GC and told her she was fired. I never signed a contract with this company, it was a verbal agreement to do the work. I sent her an email regarding a few items on the estimate that we not done or I did them myself to save on some money. The contract refuses to sign a waiver of lien stating there is a zero balance and I do not owe them any money for the services they have provided up to date. Can you please advise me on what to do in this situation? There is no legal contract with this company at all.

Thank you


Asked on 5/26/17, 11:35 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would advise you that your definition of "legal contract" seems to be too narrow. "Legal contracts" can include oral agreements (with some limitations) and also a signed estimate often may be sufficient as a contract in itself, or to bolster the validity of an oral agreement. In my opinion, you may have some sound arguments that the general contractor didn't perform well enough to warrant payment in full, but that you'd be on very shaky ground in claiming in court that there's no contract at all.

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Answered on 5/26/17, 2:58 pm


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