North Highlands, CA asked in Construction Law for California

Q: My home has been under construction for 3 years because my contractor has delayed and works very minimally. What do I do

It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed wrong, instead of a 2 feet overhang he did a 1 feet overhang and he had to go consult with an engineer to get an engineer to stamp, they advised he have to re-do the overhang by attaching a 2 feet overhang to the 1 feet overhang he did in order to proceed and pass the next stage of inspection. We still have the bathroom, paint, carpet, concrete driveway, fix the terrible concrete foundation job he did, etc.

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3 Lawyer Answers
George W. Wolff Esq.
George W. Wolff Esq.
PREMIUM
Answered
  • Construction Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: It seems you may not have a very good contractor, and he may not have the best skills.

Does your contract have a firm completion date?

Have you made changes to the contract since it was signed?

You should consult with an experienced construction attorney.

Zaher Fallahi agrees with this answer

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: Sorry about the trouble. Have you consulted a contracts attorney? I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum This is for information purposes, not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Frustrating situation. IMO you need to give your contractor written notice that you expect the project to be completed under the terms of your existing contract by a set date, or you will be discharging him from the premises and project, and that he will be a trespasser after that. You can expect that when you do this the contractor will stop work, pull all the crews off, and remove any uninstalled materials from the jobsite. Work will cease. So BEFORE you do this you need to contact a new contractor, get a time and cost estimate to complete the work on the project and have him ready to take over. You should also consult with a local Construction Law attorney and be prepared for the backlash. I had a case like this once, the client claimed she had a great relationship with the workers and they would work for her, instead things went exactly as I described above, and the project stopped rather than move to completion.

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