Legal Question in Construction Law in California

Bad experience with an owner

I'm a contractor, and recently did a job for a very difficult lady. We submitted a proposal for the work and she accepted the proposal, but never signed anything. Now, she is refusing to pay for what we have done. We said that we may have to contact a lawyer and put a lein on her property and she said ''just remember there was never a signed contract.'' What can we do?


Asked on 7/21/08, 2:29 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Bad experience with an owner

You've just learned the first lesson of home improvement contract law: never proceed without a signed contract. While not having a signed contract isn't fatal, it might have an impact on your ability to collect the full amount owed. Your best bet is to contact a local construction atttorney to review the matter in further detail. Even without a signed contract, you are still entitled to the reasonable value of your work.

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Answered on 7/21/08, 2:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Bad experience with an owner

I assume you are a licensed contractor. If not, you'll lose. As things stand, because home improvement contracts must be in writing, signed by the party to be sued, you can't sue on the oral agreement or the unsigned written agreement. However, as Mr. Starrett points out, the lady isn't home free. You are entitled to recover the reasonable value of the benefits she got under a theory which is variously called "quasi contract," "quantum meruit," "unjust enrichment" or "restitution." The written but unsigned contract won't be enforced, but it is at least good evidence of the value of the benefits the lady received.

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Answered on 7/21/08, 3:44 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Bad experience with an owner

If you are a licensed contractor then you should consult with an attorney ASAP. If you are not licensed you will not be able to recover anything at this point.

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Answered on 7/21/08, 4:48 pm


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