Legal Question in Construction Law in California
Hi,
We hired a contractor to rebuild our home. She has delayed the project and is threatening to abandon to project if we don't agree to more delays. What can we do?
Thanks.
2 Answers from Attorneys
If she's licensed, you can remind her the consequences that would be detrimental to her license if she abandons the project. she is subject to disciplinary action by the CSLB (Contractor State License Board). Also, her license bond may be in jeopardy if she violates the licensing law. A reminder of that sort may set her straight and hopefully dissuade her from abandoning the project.
A well-written construction contract will specify completion dates. Some contracts for larger projects will specify liquidated damages for failure to achieve target dates. Even if it does not, you can estimate your damages from completion delays and threaten to take her to court (perhaps Small Claims' $7,500 maximum would suffice), and if need be, do so.
In any case, your remedies start with negotiation, gentle persuasion, inquiring about the nature of her problems, etc., then escalate to firm demands, threat of lawsuit, then lawsuit (or arbitration).
Always be mindful of what's written into your contract; that's what a judge will reference to determine your rights. Among other things, note whether it has an attorney-fee clause or an arbitration clause.