California  |  Construction Law

Legal Question

Asked on: 9/19/13, 3:53 pm

I had a contractor do some remodeling starting May 28. According to the contract, he stated as taking 4 weeks,was not completed until 15 weeks later. Contract did not have dates only time. We did have change orders amounting to less than a week of extra time. General contractor hired subcontractor and never came to job site to check subcontractor work.

A window was not to fire code and also not to plan (too large) but this was not discovered until final inspection, Aug 19 (and when I moved in a piece of furniture meant to fit in a location next to the window). The contract has clearly written as a "new" window and the size is also stated in the contract.

He tried to repair it but the retrofit (not new) was a little too big (They forced it to fit causing ugly work). Still owe him last payment. Now trying to close with contractor. Can I ask for credit since the window is not "new" and the retrofit does meet good quality standard?

I am thinking he has had ample chance to repair the window. Just wrote a letter on job performance and stated how to settle the issue (compromise of sorts).

If he will not do what is asked in the recent letter, can I ask for abitration under California law?

I have no intention of not paying for other work just want someone else to do the window.

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