Legal Question in Construction Law in California
DO I HAVE RIGHTS IF WE FILED THE BUILDING PERMITS AS OWNER-BUILDER?
The licensed contractor we hired for a remodel referred us to an Architect to draw our plans. The architect said he would take care of the permit process and doing so had us sign to an Owner-Builder permit. (We did have questions, but eventually he convinced us it was standard in order to pull a permit and that the verbiage was misleading, we reluctantly signed.) Our contractor apparently created a sub-agreement/sold our contract to the "architect". The architect, who I don't believe is a licensed contractor worked on the remodel. Some of the construction was not built according to plans (a tankless water heater not where it was supposed to be), the work was substandard and we ended up having to pay for items that were specifically included in the contract. 1) Do we still have rights since we filed as Owner-Builder? 2) Was it illegal for our hired contractor to sell the contract to someone else...let alone someone not licensed?
1 Answer from Attorneys
You have NOT jeopardized your rights as an Owner-Builder under the facts you have identified in your question.
ANYTIME there is a construction defect in the installation or design, the professionals responsible may be pursued under notions of Breach of Warranty, Negligence, and Breach of Contract (any one of which may apply independent of the others). Therefore, in terms of making a claim against whomever installed the defective work you are certainly allowed to pursue such a claim.
UNLAWFUL HIRE: no licensed contractor can subcontract to an unlicensed tradesperson for work that required a license to install (which, is most work especially plumbing, electrical, framing, and the areas you seem to have identified). Therefore, you may pursue both the Contractor and his/her unlicensed subcontractor (architect or not), for any work the unlicensed subcontractor performed.
If you'd like, I can try and help vis-a-vis a Legal Demand Letter ($250.00 flat fee if merely reviewing the contract and identifying your defect; $450.00 flat fee if I will be required to analyze and articulate your defect for you). Payment is required at the same time you forward your files.
JAMES GREER, 858.481.9006. CA OFFICE: 1221 Camino del Mar, Del Mar 92014.
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