Legal Question in Construction Law in California

I hired a contractor to build a swimming pool. The contract was for $68,000.00. I have not paid the contractor the last $5,000.00 because the pool has major problems. My ground is adobe, and I paid extra for this contractor to consult with an engineer about putting a pool in adobe ground. Now the pool is sinking, the flagstone around it is breaking due to the sinking, the plaster is cracked, the decorative tiles are coming out, the slide is unfinished, among many other problems. I got an estimate of $80,000.00 to repair this $68,000.00 pool. The contractor is refusing to make the repairs unless I pay him the remaining $5,000.00. Can he make that demand? I think he's going to take the $5,000.00 and run. That may be all I have to repair the damage plus the $12,500.00 from his license bond, which is not going to come close to covering the cost of fixing this worthless pool. If I report him to the license board, will they say that I have to give him the last $5,000.00?


Asked on 11/13/12, 1:28 pm

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

Try putting the following terms into a Google or Bing! search: California law swimming pool contractor

You may find some research leads. In particular, you should note that the Contractors State Licensing Board requires swimming pool contracts be performed by contractors licensed in that particular specialty.

Due to the size of your potential loss, I would also suggest that you think about legal action. A possible first step would be to have (free) initial conferences with two or more lawyers who do construction-defect litigation in your county. Be sure to express your concern about the contractor's ability to pay damages in your initial meetings. The lawyers should have ways to determine his credit worthiness.

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Answered on 11/13/12, 6:27 pm


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