Legal Question in Construction Law in California

Hi, we are in a quandry. We hired a licensed contractor to install a support/structural beam for an open concept living area. He said he spoke to a structural engineer and ordered/installed the proper beams. We are concerned with the supporting 4x4's. The other part was he framed out the small kitchen half wall but did not use treated wood as he should have on concrete we now have to come find out. When I called him with our concerns as we are having an inspector come out for an electrical permit and asked if everything is up to code, he said to put drywall up and cover everything.

No we did not get a permit for the beam or framing, he said we would be okay without one. Now we find out we should have and what he has done is not done to code. We told him we wanted everything to code. Do we have any recourse with this contractor? The amount was under $5,000 but we specifically said we wanted everything to code. Yes we did learn our lesson on the permit issue but he is licensed...

Any help would be welcome. Thanks


Asked on 10/13/12, 10:02 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the contractor is licensed, he's presumably also bonded. The bonding company probably won't pay a claim directly; you'd have to sue (in small claims court, presumably), get a judgment, then present your award to the contractor and his bonding company.

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Answered on 10/14/12, 2:33 pm


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