Legal Question in Construction Law in California

I entered into a bare-bones contract with an Architect. when we began working together she presented me with a oral option - that she would take on the role of Construction Manager and perform all design and Manager tasks over and above our contract (basically a full house remodel) if she could use the finished remodel as a "spec" in which she could have full access to the house for advertising purposes. We agreed. Two years later we realized that the Architect had not done a remodel before and misrepresented her experience in the portfolio she provided us. We have major design issues and finish issues which is costing us an additional $100,000 to complete. The Architect would not admit her mistakes, kept on trying to get other G.C.'s to take on the work and now a year after our first G.C. left we find it was her actions which causes us to be in the positionw e are in. It is costing us $100,000 over what it should have cost to fix all the problems and our remodel is delayed by over a year. All of the Architect's actions proving she took on the role of Construction Manager are in writing...she approved the hiring of each and every sub. approved all payments, etc. Do we have a case based on the oral agreement? The Architect wasn't able to deterimine a solution for all the defects and has since just left without the projectt being completed.


Asked on 11/21/10, 6:42 pm

2 Answers from Attorneys

Yes, an oral agreement of this type is enforceable, particularly since you can prove it by partial performance.

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Answered on 11/27/10, 12:45 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, there are special statutory rules about oral modifications to existing written contracts. See Civil Code section 1698, subparts (b) and (c). Your situation calls for prompt involvement of an attorney, especially in view of the statutes of limitations that may apply - two years for an oral contract and three years for fraud.

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Answered on 11/27/10, 10:09 pm


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