Legal Question in Construction Law in California

Contractor wants money for item in contract he failed to unsuccessfully install

Contractor had an unlicensed subcontractor install a glass tile backsplash in our kitchen. They cut the tiles using the wrong blade chipping and fraying all cut edges, installed the tiles crooked, some with large grout lines and some with no grout lines. The entire backsplash was unevenly installed and it was of very poor workmanship. We contacted him immediately and he stated he would come by. 3 days passed and he never showed and every time we called him he said he would come by. Finally on day 4 we said we wanted to get other estimates for someone else to do the job since it was delaying our kitchen. He gave us an okay on the phone to go ahead with another company to demo the tile and install new tiles and to send him the estimates which we did via email. We emailed him the cost and his approval of this discussion to that fact. We had other items in the kitchen that we had to keep calling him on to get completed. He also left debris outside that I have since had to clean up and unfinished items on his contact that he did not complete. 3 months went by without hearing from him and now he wants payment for the $865 in labor for the backsplash he did not complete since we paid another company for the tile install.


Asked on 1/25/09, 8:58 pm

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Contractor wants money for item in contract he failed to unsuccessfully install

If you know for a fact he used an unlicensed sub, then you are under no obligation to pay. In fact, you are entitled to recover all monies paid to him for work that was performed by unlicensed contractors.

If you are serious about pursuing this, feel free to contact us.

www.SoCalConstructionLaw.com

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Answered on 1/25/09, 10:21 pm


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