Legal Question in Construction Law in California

We signed a contract with a licensed contractor for a kitchen remodel that was understood to be contingent upon a home equity loan coming through. We have encountered significant delays with that loan that have thrown the whole project into question. No work has been done, other than permits being pulled (which we have offered to pay for), but the contractor is currently refusing to let us out of our contract. Is here anything we can do so as not to have this hanging over our heads?


Asked on 7/13/17, 8:56 pm

1 Answer from Attorneys

"Understood" is one of the single worst words in any legal situation. What you understood may well not be what they understood. That's why we have written contracts or oral contracts that we follow up by confirming letters or emails. Is there written proof that you BOTH understood that it was contingent? Was it contingent on getting the loan within a certain time? If not, what was "understood" as to when you could give up and back out? Was that in writing? I'm not saying you can't get out of the contract, but the less proof you have as to MUTUAL understanding, the less chance you have.

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Answered on 7/14/17, 2:19 pm


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