Legal Question in Construction Law in California

Building code violation by a licensed contractor

I hired a licensed electrical contractor to perform remodel work on my home. Upgrading the main panel and moving a sub panel in my garage. The sub panel prior to relocating was not in violation of code, but close to a water source.The contractor recommended the sub panel be moved for safety. Upon completion of the work, the city was called for inspection.The sub panel was found in violation of building code due to a lack of clearance(30'' X 36'') because my washer and dryer(he installed the plug) were located in front of the sub panel. The contractor told me to pull the dryer out of its location for the follow-up inspection, so it would pass the building code instead of correct the work performed. I was not in agreement. He further suggested we move all of the plumbing down instead of fix his error. I requested the sub panel be moved to a proper location. He refused and has now filed in small claims for failure to pay the remaining $1300 upon completion. He has also filed a mechanic's lien on my home(in process of refinancing)Should I bring the work up to code prior to my court date? How do I remove a mechanic's lien?


Asked on 3/06/03, 11:06 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Building code violation by a licensed contractor

First, if you need to focus on defending the suit. You need to appear in court and put up a solid defense. Your should strongly consider filing and serving a defendant's counter-claim (if time still permits) seeking damages for the improper work.

Space does not permit a full discourse on small claims procedures. Get a paperback book. Then discuss any remaining questions with your county small-claims advisor.

People hire licensed contractors to have their problems solved efficiently and permanently, not to engender new problems. You have a right to expect the work to be done correctly without resorting to conning the inspectors, which probably wouldn't work anyway.

Show the judge proof, be polite but indignant, know the procedures well, and you have a good chance to pevail.

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Answered on 3/09/03, 12:23 am


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