Morgan Hill, CA asked in Contracts and Construction Law for California

Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have cracking in the walls. He has made a mess of my house and keeps demanding more money telling me I agreed to everything and it's not his fault. The floor is falling apart, the beam he put in the bathroom is twisted, there are holes in my ceilings and walls that he refuses to fix. He tore down an entire ceiling in one room in order to repair a leak. He took drywall off walls and stucco off the back of the house. I don't know if I have any recourse. I know he didn't pull any permits for the job.

Related Topics:
2 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Construction Law Lawyer
  • Santa Clara, CA
  • Licensed in California

A: You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed and you no longer want him working on your house. You should consult an attorney about possibly filing a lawsuit against the contractor for negligence, and possibly other causes of action. Moreover, if no permits were pulled for any of the work, you could be in the position where the next contractor has to pull permits for all the previous work done since it is illegal to do the type of work you are describing, without pulling any permits. This entire situation sounds like a mess and you will need an attorney to help sort it out.

Yelena Gurevich agrees with this answer

Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: Attorney stoddard is correct and gave you great advice. I would add that you need a new contractor to come out and give you a written estimate of everything that needs to be fixed. The estimate should be as detailed as possible. You will need this to prove your damages.

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.