Legal Question in Civil Litigation in California
The Contractor who damaged our new home.....
We recently relocated to the LA area and purchased a new home. It was in need of updating, and therefore, hired a contractor to remove wallpaper, paint, flooring, etc. In good faith, and to our mistake, without a written contract, paid $7,000 for the work to be completed before we moved in. To our horror, we arrived with our movers and found a complete disaster.... We had written this off to bad judgement, but to our surprise was hit with a mechanics lien on our property for an additional $3,000. We like to have this lien removed, but if the contractor is not willing to do so, would like to seek payment for damages in excess of $9,000(we have pictures). QUESTION: Should we take this to small claims court or hire an attorney?
2 Answers from Attorneys
Re: The Contractor who damaged our new home.....
Contact the State Contractor's Licensing Board. The contractor violated the law by taking the $7,000 the maximum that he could get prior to doing the work is $1,500 or I as I recall 10% or 15% if the cost of the work to be performed.
The licensing board will investigate the case and may file criminal charges against him. Although you can sue him it is probable that he will not have the money to pay the judgement.
Good Luck in recovering you money.
Re: The Contractor who damaged our new home.....
Even though you did not have a written contract, you must have had some type of oral agreement that he would do specified work and you would pay him a specified amount. The situation has to be resolved because a mechanics lien is attached to your property until it is resolved, so you can't sell your house without paying it unless it is resolved. What I would recommend you do is file a Breach of Contract lawsuit against him for $10,000. You have a good case even if you don't have a written contract. I would be happy to help you draw up the papers for a civil suit in Superior Court in the county you now reside in. You can contact my office for a free, no obligation consultation if you would like to discuss this further. My toll free number is 877-546-9918, or by email at [email protected]. If you do not take me up on my offer, you should definately consult with an attorney before this goes any farther.
Sincerely,
John Hayes, Esq.
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