Legal Question in Elder Law in California

construction contract and elder

My mother (80 yrs old) lives alone. She had a problem with one of the toilets. A contractor inspected the sewer line with a video cam, said that the line was cracked and clogged and needed to be replaced. Had her sign a $39000.00 contract and took a $13000 check (cashed immediately). Didn't show her the video, or leave a copy of the contract. Began work, dug up yard before I learned of it. I looked at line (made them run another video cam) - not clogged or cracked. Told them to stop work. Got est. from another contractor to replace line - $6,500.00. First company wants $5,000+ for work they've done so far.

Question: What is effect of not leaving copy of contract? Is there a grace period? Can you point me to some statutes to research?

Thanks


Asked on 2/03/09, 10:35 pm

1 Answer from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: construction contract and elder

You could start with a review of Business and Professions Code Sec. 7159. Among other things, the contractor in this case was not legally allowed to charge more than $1,000 up front. That is a clear violation of law. Additionally, check to see that the contractor is duly licensed for the work on which he bid and performed. If not, then he is entitled to no additional money and you can file suit for him to return any and all monies already paid to him.

Best of Luck!

www.SoCalConstructionLaw.com

George M.

714.904.1669

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Answered on 2/03/09, 11:32 pm


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