Legal Question in Construction Law in California

Incompetent installers

We are trying to have a specialized

floor put into our house. The

installers we are using have made

numerous mistakes and have had to

tear out the underlayment 2 times

before. We find that they have

installed the underlayment

incorrectly again (for the third time).

What are our legal obligations to

them here in California. Can we let

them go and not pay them for their

work since we will have to pay the

next company to tear out their work

to start from scratch? They have let

their contractors liscence expire

between our first quote and actually

starting our job and refuse to lay the

floor this time because of a moisture

issue. We had a specialist come

yesterday and he said our water and

moisture testing levels are fine.

Help!! We are at wits end. This has

been going on since February and is

75% of our home. Do we need to

get a lawyer?


Asked on 7/16/08, 3:33 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Incompetent installers

If their licensee has expired, you can fire them and demand that they repay you all funds paid them. I don't know haw big the job is, but you can most likely take them to small claims court. Look at Business and Professions Code Sect 7031 (b)

Good Luck,

E. Leonard Fruchter

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Answered on 7/16/08, 4:55 pm


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