Legal Question in Construction Law in California
Pool contract question
ON April 30th, 2004 we signed a contract with a reputable pool company to build us a pool. They required no money up front and will accept the 1/5th of the payments after the excavation is complete.
The contract stated commencement will start May 30th, 04 and failure to begin work without lawful excuse to substantially commence work within 20 days from the commencement date is a violation of the Contractor's License Law. It also says if we, the buyer, break the contract we must pay a 15% penalty.
We have received very little communication from the company, even after several calls to request a dig date. We are clearly not high on their priority list yet. We realize that this is the pool season and everyone is busy, but we would prefer to deal with a company that is local and has some sense of customer service.
Our Question is: Since they have violated the Contractor's License Law, have they in effect breeched the contract? Can we walk away from the contract without penalty if they have breeched the contract first?
2 Answers from Attorneys
Re: Pool contract question
What part of,ddddddaaaaaaa don't you understand. Go higher an attorney who is an expert in real estate/construction law. Your first problem is the most part there is no reputable pool company. If you lived in suburbia and practice law for 30 years, pool free you would understand. Secondly who really cares if they've breached the contractors license Law, and based upon what education and do you come to that conclusion. If I read your question correctly they haven't even started taking yet. Thank God you didn't give them any money. Go out and higher an attorney who is expert in real estate/construction law problems, give him/her your contract and let that person advise you as to the alternatives.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Pool contract question
Write them a letter. Tell them they breached the contract and that you're rescinding the contract. As a matter of fact, if the next company you hire charges more money, you might be able to recover the difference in price from the company that breached.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
