Legal Question in Construction Law in California

replacement windows

My husband is a General Contractor and he had a small window company put in replacement windows at a house that he is remodeling. The windows work good, but they did not do a good job of finishing them. The Caulking is really bad. Home owner is not happy, so my husband will trim them out inside. The window company said they would come and fix them several different times, but never show up and they admit that they don't look good. We paid them most of the money, but held back $500. 00 and told them that we would back charge for the work that has to be done to fix them. They are demanding their money. What should we do?


Asked on 7/08/09, 3:00 pm

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

Re: replacement windows

There are many possibilities, all with drawbacks, and without knowing whether the sub is licensed, what your contracts with the owner and the sub call for, whather the sub filed a 20-day prelim, what your ongoing relationship with the sub and the owner might be, etc., I cannot really give you good advice. The possibilities include paying under protest and then filing in Small Claims, ignoring the sub, going to mediation or arbitration, a direct Small-Claims action, filing various complaints or threatening to do so, going after the bond, and so on. With only $500 at stake, if you are busy maybe the best thing is to eat the loss and write it off on your taxes.

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Answered on 7/08/09, 7:33 pm


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