Legal Question in Construction Law in California
i paid a cantractor that did not complete the work
how should i procede to obtain a refund for the work not completed
2 Answers from Attorneys
Re: i paid a cantractor that did not complete the work
Your main options are (1) file a lawsuit; and (2) complain to the the Contractors State License board. You can also try to file a claim against the contractor's license bond.
Re: i paid a cantractor that did not complete the work
After negotiation fails, I'd re-read the contract to see if it specifies mediation or arbitration. If it doesn't, as is most likely, I'd file suit in Small Claims Court if the gap between what was paid and the value of what was accomplished is not much more than $7,500, the new Small Claims jurisdictional limit. If your claim would be more than, say, $10K you may be better off filing is Superior Court, but if it does not settle quickly and goes to trial, you will be losing time and paying much more than the extra claim value in legal fees.
You can get advice on small claims procedure from the court's small claims advisor, but I'd also suggest buying a paperback self-help law book on how to file and prosecute small claims matters in California.
Proceeding directly against the contractor's bond or complaining to the CSLB might be helpful as well, but my experience suggests that having a judgment against the contractor will be very beneficial in getting the bonding company or the CSLB to come to your assistance or cough up any money.
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