Q: 33 months passed, and we just fired our contractor, after he did not complete a 6 month remodel. 17K was overpaid to
him, which we asked for him to return in our termination notice. Now, Do I need to give him any time to pay back that money, say 5 days before I file a complaint with the CLB? Or do I go ahead and file, show proof of the overpayment, I just don't want him to say he didn't get a chance to pay us before we sue. i.e. Mr. Futterman, we want our 17K back It does not belong to you. You have 5 days to respond (pay?) I doubt he will pay. I'm also seeking punitive damages on the $123,399 we paid for our incomplete project, but we do want our 17K back.
A:
It always looks better to the judicial officer if the plaintiff tried to resolve the dispute, in a reasonable way, before filing a lawsuit. This dispute sounds significant enough that it would be worthwhile to get legal advice, especially if the work was substandard.
Please check if your contractor has a license, and whether that license was applicable to the work being done. In California providing contracting services without a license is a misdemeanor. See Bus. & Prof. Code § 7028(a). Plaintiff is entitled to a full refund of “all compensation” paid. See id. at § 7031(b).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
