Legal Question in Construction Law in California
Is a 26 line item list a contract
homeowner/C1/ (builder?) sees neighbor's home
landscaped by people directed by workman, no
business signs etc. Workman is CFO of budding
corporation working under INFORMAL sub-division
status from parent contractor on big project next
door(additional license not yet pulled). Owner and
workman enter into a 26 line item description of work to
be done having only signatures and date- no remedies,
deadlines, or representations of business. job to be
done as per plan. Problems arise:
1, tile and sealer owner selects fail. tile has green
spots and sealer flakes. workman strips and reseals at
his expense.
2. concrete flexes and tile cracks in various locations
which we repair
3. verbal changes disputed
What relationship is in effect? I believe the homeowner
is an owner builder with a C1. As such he chose the
tile,and sealer provided the plans, and should pay
additional for their repair
Or did he void the contract by consistenly calling for
more than was written, for example, to install fountain
means to seal the exterior porous rock with over $300
of penetrating sealer I know I need a sit down. Do you
have a S.D. attorney? damages 5-12k
1 Answer from Attorneys
Re: Is a 26 line item list a contract
Courts tend to take the view that if two parties are behaving toward one another as though they're in contract, there probably is a contract in there somewhere. Then the search is on for admissible and credible evidence of the contract's terms. Anything in writing may become part of the proof of the existence and terms of a contract.
To the extent that a contract's terms are unclear or incomplete, a court can supply certain missing terms from surrounding facts and circumstances. This is especially true with respect to remedies for breach, since judges feel that choosing and granting remedies is largely a judicial prerogative.
Another principle to keep in mind is that even if a contract does not exist, the homeowner may be required to pay the worker for benefits conferred by the worker's efforts.
Also, there is a scheme of statutes regarding home improvement contracts designed to keep homeowners and contractors from ripping each other off. The laws, which require some written evidence of a contract in most cases, are somewhat more protective of the homeowner, who is assumed to be more vulnerable to abuse than the contractor, but the laws cut both ways. In California, thee laws are in the Business and professions Code. See, e.g., B&P section 7159.
Your question tries to compress too many facts into too few words, so a more specific answer is not realistically possible. For example, by S.D. attorney, do you mean someone licensed to practice in South Dakota?
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