My contractor and I have no formal contract, only an estimate with my signature. The estimate has no estimated date of start/completion, no language about anything, not even his license number. It also does not have his signature. Is this estimate legal and binding, and how much am I liable to compensate him for? What are my rights as an owner, and how can I get recourse for the amount I need to spend to fix his mistakes?
Youi will be required for all work that you benfited from if the work was completed in a satisfactorily workmanlike manner. You will have to pay for the benefit you received
It is difficult for an attorney to answer your question without knowing more about your problem. For example, were you having a house built or were you remodeling. If you were remodeling, the Business & Professions Code sets forth requirements for a home improvement contract, including the start and completion date. In addition, if the estimate does not have the contractor's license number on it, he/she may be unlicensed, in which even you may not have to pay anything and may be able to recover what you already paid to the unlicensed contractor. You should contact an attorney with experience in construction law to help you. An hour consultation may provide you with the answers you need.
Cathleen M CurlConstruction / Development LawyerMillbrae, CA ·
If this is for a remodel of your home, then the contractor has already violated the law by not giving you a written contract with all of the required information and notices in it. You can file a complaint against the contractor with the Contractors State License Board. The complaint form is on their website at CSLB.ca.gov. You should also write a letter to the contractor if you haven't already stating what he did wrong and failed to do. You should also get an estimate from another contractor to redo and repair the work. You can take the contractor to Small Claims Court yourself and collect up to $10K if he's not a corporation. If he didn't give you the required "Notice to Owner" form he probably has no lien rights and you can demand he release it if he puts one on. Sometimes just the threat of a complaint to the CSLB is enough to get a contractor to pay you to redo and repair the work.
I agree with virtually all the comments by my Mr. Horowitt. Your question does not provide enough information to give a full and complete answer. Under the relevant codes, you have a right to refuse payment of any amount plus 25% for work that is reasonably in dispute. This is true so long as the contractor is otherwise legitimately owed the money (e.g. PROPERLY licensed). However, if you wrongfully withhold money legitimately due, you could be liable for the balance owed, plus attorneys' fees and costs plus a 2% per month penalty (or 10% per year interest) on such amounts. At a minimum, I would suggest you consult an attorney and consider getting at least two estimates for the repair and completion of any remaining work. Normally, I'd advise my client to send a letter to the contractor explaining the reasons and a check for any balance owed after deducting the cost of repair and completion from the contract price. Again, however, I'm not sure that advice is necessarily correct here without knowing more facts.
