Lake Arrowhead, CA asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California

Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

1 Lawyer Answer
James L. Arrasmith
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  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of the contract or a refund. This letter can serve as a preliminary step before taking legal action and sometimes resolves the issue without needing to go to court.

If the contractor does not respond or the issue remains unresolved, you may file a lawsuit for breach of contract in the appropriate California court. The court process would involve proving the existence of a contract, the breach by the contractor, and the damages you suffered due to this breach.

Regarding placing a lien on the contractor's property, California law has specific procedures for this. However, since the contractor is a non-licensed individual, this complicates matters. California generally requires contractors to be licensed, and performing work without a license can limit or prohibit them from seeking legal remedies for payment issues.

Given these complexities, it's advisable to consult with an attorney who can guide you through the process of filing a lawsuit and understanding the implications of dealing with a non-licensed contractor. They can assist with drafting the demand letter, filing the lawsuit, and advising on the feasibility and process of placing a lien.

It's important to act promptly, as legal claims are subject to statutes of limitations, which limit the time in which you can take legal action. Your documentation of the contract, payment, and any communication with the contractor will be crucial in this process.

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