My former contractor is refusing to give me an itemized cost report for the work performed. Is there a way I can force him to?

He is not legally obligated to give you a cost analysis, but he should have had a written contract with you for the performance of such work. Your rights are dictated by the written agreement.

First of all, I recategorized your question to Construction. Presumably, the contractor was not an employee. Do you have a written contract with the contractor? That should set out the duties that he has, as far as providing you with information regarding the costs. If it's a "cost plus" contract, you are entitled to this information. If it's a "fixed price" contract, his costs are irrelevant, you have to pay what you agreed to pay. Similarly, if he represented in the contract that they were "custom," and they were not, he breached the contract. In that case, he may also have defrauded you. The quality (or lack of quality) of his work is another matter. Again, this should be addressed in the contract, but it is likely that California law has an implied warranty of workmanlike construction. This is a matter on which it probably makes sense to consult with a lawyer who is familiar with construction law.

Unless you had a cost-plus contract with him he would not typically be required to show you his costs, unless there is a contract provision requiring him to do so. There is a wide quality variation in different types of cabinets, so you should have researched what kind of cabinets you wanted and specified those in the contract. However, if the cabinets he chose are defective or below the level of quality you reasonably could have expected for the price in your contract, he may be liable for the defects and for giving you cabinets commesurate with your contract price. It would be best if you had another licensed contractor or defects expert look at his work and the cabinets and give you a written professional opinion before you remove them or decide to sue. Or you could file a complaint with the Contractors State License Board and ask them to send out an expert to evaluate his work, If you do sue you can discover where he got the cabinets and how much he paid. George Wolff www.wolfflaw.com San Francisco, CA (415)788-1881

Terminating your agreement with this subcontractor for poor workmanship will not require the contractor to produce to you their actual costs. These are proprietary interests with vendors and typcially not shared. However, this appears to be a residental contract for home improvements and this contractor must comply with Bus. & Professions Code 7159 for Home Improvement contracts. Most of our contactractors fail to comply with some portion of Bus & Prof Code 7159 (contract formation). One of the requirements includes a detailed discription of work and its costs (including these cabinets in question). Other method to consider is Complaint procedures are available with the CSLB if the work is substandard and damages are less than $50,000. This Volutarly Arbitration Procedure has many shortfalls (no recovery for attorney's fees), but many advantages as a consumer. Don't forget about any response from the contractor for failure to make final payment and Mechanic's Lien rights they may have as well. A short consulation with a construction lawyer is recommended if your damages are high. Sincerely, Tim Broussard Kring & Chung, LLP [email protected] www.kringandchung.com (949)261-7700 (Locations in Sacramento as well)