Legal Question in Construction Law in California
shady contractor
I am a young widow w/2 kids. I am also a financial planner for a big firm.An assigned client of mine gave me an estimate for a remodel for $70,000. He claimed no profit for him, so he could do it for half of the going rate.Later, he offered a new kitchen and more remodelling work that would not exceed $160,000. As the job was near completion, he said we're starting to ''go over''.I asked for an estimate for the remainder of the work. He told me it would be approx $14,000 and ''the end is in wight''. One month later I received an invoice for $62,000! As of that date I had paid him $156,000.Then the trouble really started. I know I used poor judgement in working with a ''client''. He would send me invoices for a flat amount with no back up and I just paid them,I didn't know that there shoudl have been desciptions of the work to back up the invoices. He now says I owe him a total balance of $69,000 after he assured me that the ''end was $14,000 in sight''.I have asked for back up and got receipts for cell phones and Pizzas and variuos vendor receipts w/o proof they relate to my house, no order or book keeping, just a pile of receipts. What can I do? He emails me threats at work.We had NO signed contract and he went over by 40% Please help me
2 Answers from Attorneys
Re: shady contractor
The key word here is LICENSE, and you don't say whether this bozo has one or not.
Doing home remodeling contracting without a license is a misdemeanor. If he has no license, he could go to jail. Most don't, but knowing that he has no rights against you whatsoever and that you hold all the high trumps should be a help.
Even if he does have a license, the lack of a written contract is probably also a serious violation of the home improvement contracting law.
You need to have some backbone in dealing with him; that could come from an initial consultation with a construction-law attorney, or if you prefer, contact the Contractors' State License Board.
Re: shady contractor
Without a contract, maybe without a Contractor's License, he will have real trouble suing and collecting. You should, in writing, document your position and the deal you agreed to, with all the documentation you have that confirms it, and pay him that. Then expect to suffer yelling and possible lawsuit, but unless you want to pay what he demands, stand up for yourself. Feel free to contact me in you need legal help in 'persuading' him to take the deal, or to defend you if he sues.
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