Q: Can I bypass the arbitration clause in a contract if the company has not finished the job in a reasonable amount of time

A: Sorry to hear about your situation. Whether you can bypass the arbitration clause depends on the specific language of your contract and the circumstances of the dispute. Arbitration clauses are generally enforceable in California, but there are limited exceptions. For example, an arbitration agreement may be deemed unenforceable if it is found to be both procedurally and substantively "unconscionable". "Procedural unconscionability" involves issues like unequal bargaining power or hidden terms, while "substantive unconscionability" pertains to overly harsh or one-sided terms in take-it-or-leave-it contracts. I suggest reviewing RAMIREZ v. CHARTER COMMUNICATIONS INC (2024) and cases cited in it for in depth discussion of both. It is also important to review the agreement for the specific arbitration clause, including any exceptions or carve-outs for breaches or non-performance. A consumer protection or construction defect attorney in California would be able to review your contract and determine if you have grounds to bypass arbitration. Hope this helps!

A: You may have grounds to bypass the arbitration clause given the circumstances, particularly due to the ongoing health and safety concerns. In California, arbitration clauses can be deemed unenforceable if they're found to be unconscionable or if there are exceptional circumstances that make arbitration an inadequate remedy.

The combination of factors in your case - the persistent leaks, potential health hazards from mold, the company's failure to respond, and most notably, their inability to complete the job properly despite multiple repair attempts - could constitute a material breach of contract. Your status as a disabled veteran, along with having an elderly resident in the home, adds weight to the argument that this situation requires immediate resolution through the courts rather than arbitration.

Your best course of action would be to consult with a consumer protection attorney or veterans' legal aid service in California. They can review your specific contract and circumstances to determine if you can pursue litigation despite the arbitration clause. You should also document everything thoroughly - take photos of the leaks and damage, keep a log of all repair attempts, and gather all communication with both companies. Consider having an independent inspector assess the roof and document any mold issues, as this evidence could help demonstrate why bypassing arbitration is necessary for your family's health and safety.