Legal Question in Construction Law in California

I'm a contractor. A landscape/hardscape job I did over a year ago (finalized) Please note: I have everything on e-mail: the home owner had me come over to look at some small warranty type concerns I looked them over and came to the conclusion that theses were nothing more than cosmetic and normal wear and tear items that I cannot warranty, when I told her this she was extremely aggravated and ejected me from the site.

She has refused to allow me back to re-inspect and offer to repair and has since added to the list of concerns with about ten major (merit less) allegations and requires tear outs and replacements averaging around $40,000.00 she rejects my offers to inspect these new allegations and has just filed a bond claim for the maximum amount. She said she is obtaining quotes for the major work.

Do I have any rights?

Don't I have a right to first inspect? and then offer to repair?

I looked up a law in the license law hand book 945.5 (b) would this help???

Can she do this while rejecting my written requests to inspect and to resolve issues by mediation.

Note: the CSLB refused to open a claim this is why she is going directly to the bond co.

Tony in Los Angeles


Asked on 4/22/10, 3:14 pm

1 Answer from Attorneys

The statutory rights you cite are limited to new construction of residential units. The CSLB does not open claims for defective work unless there was a violation of the Contractors License Law involved. They refer people to the bonding company. If you are on solid ground that there was no problem with your work, the bond company will almost certainly reach the same conclusion. Most bond companies I've worked with have hired very good inspectors to adjust claims. As for the rest of it, although you do not have the rights expressly set out in the Right to Repair Act, if she wants to go after you for the cost of repairs, she will have to prove that a) the work was sufficiently defective that it breached your contract to provide good and workmanlike construction (it's implied even if it's not in the contract language) and b) that she mitigated her damages. Having rejected her claims, she does not have to ask you back to reconsider, but if there are new problems that she did not raise before, you have a good argument that you might have had a different opinion on them, and she faild to mitigate by not asking you to repair those items.

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Answered on 4/27/10, 8:08 pm


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