Legal Question in Consumer Law in California

Claim against a contractor's license bond

I had a contractor who ''broke'' my pool during the removal of my pool deck ($5000 damage) and did substandard and not to code work on my property, then abandoned the project. He promised to refund me $13,000 (of $17,000 paid by me), but didn't and then refused to respond to all written and phone communication. I filed a complaint with the state and a claim against his bond and now he is disputing my claim. I have extensive photographs, video and several witnesses and submitted all this to the bond co. Because I hold that he owes me at least $13,000 and he now says he is willing to only refund me $400, and because he refused all communication with me for 6 months, I think that there isn't much point to nonbinding arbitration. The state license board recently told me that there are now other ''companion complaints'' against this contractor in the system, although mine was the first. I'd like to get the bond money before others make claim to it.

Can I still demand his bond without being willing to go to arbitration?

In making a claim against a landscaping contractractor's license bond, does the bond co. have a time limit by which they must investigate and pay out on a valid claim?


Asked on 2/23/05, 9:27 am

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Claim against a contractor's license bond

Making a claim against a bond company is different than other types of claims. While you do not need to attend non-binding arbitration, I recommend it. You want to hear what the contractor has to say. You should probably consider retaining counsel on this matter. You want to find someone with some experience in bondds. You can contact my office to discuss this further.

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Answered on 2/23/05, 2:44 pm


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