Legal Question in Construction Law in California

Refund of deposit on a verbal contract

I recently purchased a home and decided to have a patio built. I got two bids from licensed general contractors. After selecting a contractor I gave him a good faith deposit of $1,000 (the bid was for $8,800). I gave the deposit on a Thursday and he said work would start by the weekend. It is now three weeks later and nothing has been done. He keeps telling me they are going to start on a certain day, then nobody shows up and when I call I get nothing but excuses. I am a young, first time home buyer and foolishly didnt sign a contract or get a reciept for my deposit. He says he has pulled the permits and has a contract drawn up for me to sign. I told him I wanted a start and finish date that we agree on in the contract. He agreed but the day we were suppose to sign the contract he didnt show up. Do I have any legal recourse? At this point I just want my money back and I will find someone else to do the work. Thanks


Asked on 9/08/04, 10:02 pm

2 Answers from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Refund of deposit on a verbal contract

You definitely have legal recourse. File a complaint with the Contractors State License Board. The complaint forms are online. You can also opt to sue in Small Claims Court for breach of contract.

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Answered on 9/09/04, 5:23 am
Barry Snyder Snyder Law

Re: Refund of deposit on a verbal contract

I hope you foolishly did not give cash for the deposit but wrote a check, which is just as good as a signed receipt. Call the contractor, tell him he is terminated and that you want your money back in 5 days. Followup with a letter the same day, return receipt requested. If he does not pay, take him to Small Claims court. Hire another, licensed contractor.

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Answered on 9/09/04, 12:30 pm


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