California | Business Law
Legal Question
Construction Contract Issue
Long story short, I hired a general contractor to remodel my house. This guy was a friend and charismatic business associate, he had managed the project for me earlier, and I had fulfilled my part of _that_ contract. When I signed on with him for construction, I foolishly paid him over $20K he claimed (verbally and in writing) that was for work previously done, i.e., project management. The $ figure is written into the construction contract. I rescinded the contract within the four-day period, and I want my $20K-plus back. He will not refund it. We're on the outs, he's defrauded others to at least $125K on one project alone, and I'm so glad I found out early he is not trustworthy. It's more complicated than this, but that's enough.
Is the $20K+ refundable because it was written into the construction contract, or not, because he claims it's for prior work? (It happens to be ten percent of the value of the project to date. Again, i satisfied the project management contract in full.)
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