Legal Question in Construction Law in California

Contractor abandonment

I have contracted with a company from Arizona to build a wrought iron door, balcony rails and interior staircase rail in 8/07. I was requested to pay 1/2 of the total amount at the signing of the contract. To date, I have not received any products and my calls are either not answered or I am being told that there are projects ahead of mine. I have requested to get my deposit back but the management of that company never contacted me back. Any suggestions? Thank you


Asked on 12/04/08, 6:22 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Contractor abandonment

Were they going to install any of these materials? If so, they would need a California Contractor's license, and you could file against their bond (through the Contractor's State License Board). If they were not going to do any work in California - just building you the materials, then you will have to sue them or hire an attorney to represent your interests in negotiating the return of your money. You will probably have to file suit in Arizona - it depends to a degree upon where the contract was made and what, if any, choice of law provision is in the contract. You may also wish to contact the Better Business Bureau in AZ where they are located - they have some success, but not if this guy is a scam artist, which given that you contracted for this over a year and a quarter ago, I'm guessing he might be. Good luck.

*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.

Read more
Answered on 12/04/08, 6:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Contractor abandonment

Depending upon the amount of money involved, your best bet may be to retain a lawyer to write a demand letter. Since Arizona law and Arizona jurisdiction are likely, you should probably look for a lawyer near the company, preferably in the same Arizona county.

Read more
Answered on 12/04/08, 6:55 pm
Terry A. Nelson Nelson & Lawless

Re: Contractor abandonment

Sue for breach and refund of your money before they close and disappear.

Read more
Answered on 12/04/08, 7:07 pm


Related Questions & Answers

More Construction Law questions and answers in California