Legal Question in Construction Law in California

On 5-8 our customer John and Kay signed an estimate for $2200 worth of landscape irrigation work and gave us a check dated 5-8-2010, work began on 5-13. On 5-13 the remaining agreement was signed by the client, which included estimate, payment schedule, and Terms and Conditions. On 5-14, about 50% of the work was completed and the client refused our change order(verbal), and presented us with (a three day) cancellation on 5-15. On 5-15 the client refused to pay for anything other than the $220

deposit.

I understand from the State Licensing board that the 3 day cancelation notice starts from the date the agreement was signed. Would that be the 8th or the 13th? Thanks.


Asked on 5/24/10, 11:19 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Generally speaking (and without the benefit of having reviewed the actual documents), if the full agreement was signed on 5/13, then that is the date on which the three day cancellation period starts. I assume that your estimate signed on 5/8 does not have all of the required disclosures, including the notice regarding the rescission period. Accordingly, the rescission period doesn't start until they sign the full agreement. This is why most contractors won't start any work until the rescission period has run.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/25/10, 4:20 pm


Related Questions & Answers

More Construction Law questions and answers in California