Legal Question in Construction Law in California
Kitchen Remodel gone bad
Really, I have only to blame myself I suppose as our contract simply doesn't spell out these details.
My contractor is doing a poor job on our kitchen remodel and I don't know what my legal options are.
Any help is appreciated.
The biggest issue to date is that the counters were cut wrong. Meaning for them to be done correctly they will need to be redone almost from the beginning. They did not measure things correctly and now I'm stuck with seams I don't want and a sink in the wrong place.
Any advice is appreciated.
1 Answer from Attorneys
Re: Kitchen Remodel gone bad
Is this a licensed contractor? That might make a difference in the approach.
Keep in mind that even matters that are not explicitly spelled out in the black-and-white provisions can be deemed "implied covenants" in a contract. This would include an implied term that the contractor will perform his services in a competent and workmanlike manner. Anything that reflects gross incompetence or major deviation from accepted standards would be a breach of this or some similar implied term or covenant, and the sloppy contractor would thus be at least potentially liable to you.
The sad truth is that most incompetent contractors are unlicensed, unbonded, and penniless. If you sue, they disappear. If you get a judgment, they file bankruptcy or otherwise avoid enforcement.
You should be very careful about any additional payments you make, and probably you should ask a local contruction lawyer for an initial free consultation.
Finally, don't blame yourself. The law is very protective of homeowners who deal with contractors for home improvements, especially when it is a so-called "contractor" with no license. You may be protected from your own mistakes by consumer laws that recognize that homeowners make such mistakes.
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