Legal Question in Construction Law in California
surprise bill on remodel
My contractor just sent me a bill for part of a remodel done over a year and a half ago. (That is, the contract was signed Oct, 05, he finished the job Oct 06, despite promising it in 4 months, and is billling be now for this one item. He said it got ''buried'').
Besides being so late, it's three times the original estimate.
While it was clear in the original contract that the original estimate may be very low and might need adjustment, I still would have expected a conversation about the tripling of costs before now - like through a change order process.
What are my rights in this case? Do I owe him the full amount of money?
1 Answer from Attorneys
Re: surprise bill on remodel
There is a 2 year statute of limitations for an oral agreement and 4 years for a written agreement. Thus, his claim appears to be timely. The good news is that it is too late for him to record a mechanic's lien. You don't say whether the "original estimate" was written or oral, nor do you indicate the amount in dispute. No, you do not "owe" him the full amount of his claim; you MAY owe him the reasonable value of the work. You appear to be in a good position to negotiate an acceptable number since the contractor's position appears to be fairly weak.
Best of luck.
E. Leonard Fruchter
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