Q: What can I do if my contractor has abandoned my project?
I contracted a company to build my pool , las July. I paid them up front. They were very proactive in getting the work done in the first 5 months, 6 months have passed and they haven't done anything on my backyard, and have not met any of their deadlines. I feel like they have abandoned my project. What can I do if they are not communicating back with me? What evidence do I need to show that they have abandoned my project? What are my options?
A: It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. Please see B&P Code 7159(d)(9). If they had you pay for all the work upfront, then that is illegal and their contractor license could be in jeopardy. Depending on the terms of your contract, the contractor may be in breach of the contract. You should reach out to an attorney to advise you on what steps to take. You may want to send a demand letter, or possibly file a lawsuit.
Gerald Barry Dorfman and Yelena Gurevich agree with this answer
A: If you suspect that your contractor has abandoned your project, take the following steps. First, review your contract to understand the agreed-upon terms. Next, document your attempts to contact the contractor and gather evidence of payments made. Seek legal advice from a construction law or contract dispute attorney. Send a formal written notice to the contractor expressing your concerns and setting a deadline for their response. Take photographs or videos to provide evidence of the lack of progress. Consider mediation or arbitration as alternative dispute resolution options. Finally, if necessary, file a complaint with the appropriate regulatory agency.
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