Legal Question in Construction Law in California

Re: House Foundation

The fact that you had only an oral understanding with the contractor regarding following the plans is not terribly important. Although the oral understanding is probably enforceable, it is redundant. Your contractor would be bound to follow plans given him, and/or to produce a professional result, with or without a specific agreement to do so.

If you do sue him, remind your attorney to ask for consequential damages (delay in occupancy, etc.) in addition to direct damages to correct the mistakes.

Re: House Foundation

Yes, you can sue him.

You should consult an attorney experienced in this area of law to discuss the potential lawsuit.

My firm handles many lawsuits between homeowners and contractors.

Re: House Foundation

learn from you mistakes and i am sure inexpierence --- you need guidence for the future and an attorney like myself who has practiced real eatate and construction law for 30 years --- is this guy liscensed or not, i have a host of questions --- if you would like my advice callme at 925-945-6000 and i can help you as i have done with numbers of folkes over the years

Re: House Foundation

You have what appears to be a classic case of breach of contract. Your contractor agreed to build according to plans and specifications. He didn't do that and that would likely be considered a material breach that excuses your performance. (Your performance, of course, would be to pay him.)

I'm assuming that you're a homeowner. I can already tell that he's violated the contractor's licensing laws by not having a written contract with you. I also wonder whether he is licensed. You can check this out online at the Contractors State License Board website. If he wasn't actively licensed while he built your foundation, you almost certainly don't owe him a dime. Not now, not ever. Moreover, even if he is licensed, if you have to bring in someone to correct the mistakes he made, then you could sue him for the cost in excess of the contract amount.

Before hiring a lawyer, you may wish to file a complaint with the Contractors State License Board. They can be slow to resolve a problem, especially in these budget crunch days, but the service is free and ultimately effective. Another tactic is to make a claim against his license bond. You'll find the bond listed on the CSLB website. If you want as much protection as possible as soon as possible, then you'll need to hire a lawyer with construction law experience. Call the local bar association and see if they have a referral to an experienced construction law attorney in your area. No matter what you do, though, be prepared for this to take a while to resolve.