Legal Question in Construction Law in California

New Home Construction Contract

I am an INDEKSOLARcom solar pool heating contractor.A client signed a contract in June 2006 and was to be completed by April 2007.The new home driveway was supposedly ready,October 22,2007.When I went out to the project,with crew,it was not ready.The client lied,in front of her concrete construction contractor,about me bringing a crew out to her job and always refusing to do the job.I told her that the driveway was not graded,compacted and formed up.I even had delivered $500.00 worth of wire mesh reinforcement to her property for the driveway concrete pour.She went into histerics infront of my crew and while we were sitting in my truck she pounded on my drivers' side door to the point of scaring my crew and I.We left and I called her contractor and she was demanding that I remain on the premises and perform the job or she will sue me for the deposit.I have since recieved an e-mail from her general contractor,whom I have never had the privilige of speaking with,telling me that I have broken CSLB law by collecting a deposit.I am aware of the law permitting me to collect deposits on new home construction projects.He is threatening me and acting as her legal consule.The contract would seem to be outdated and void.Can you please advi


Asked on 10/31/07, 7:23 pm

2 Answers from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: New Home Construction Contract

Your best bet is most likely to refund the down payment and get out of the contract. I see nothing but problems ahead with both the owner and her general contractor. Take your loss and get on. If you want to stand on your rights, you need to see a construction attorney; the fact pattern is too convoluted to give you simple advise on this site.

Best of luck,

E. LEONARD FRUCHTER

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Answered on 11/01/07, 2:10 pm
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: New Home Construction Contract

Your best bet is most likely to refund the down payment and get out of the contract. I see nothing but problems ahead with both the owner and her general contractor. Take your loss and get on. If you want to stand on your rights, you need to see a construction attorney; the fact pattern is too convoluted to give you simple advise on this site.

Best of luck,

E. LEONARD FRUCHTER

Read more
Answered on 11/01/07, 2:11 pm


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