Legal Question in Construction Law in California

Breach of Contract

My husband is a General Contractor in Ca. He submitted a proposal to a customer to paint her rental house. She sighed it and gave him a down payment check. After putting him off several times. They finally set a date for him to show up. The night before he was supposed to show she called and said that they were going to paint it themselves. She now wants her down payment back. Is this breach of contract?


Asked on 1/30/09, 2:01 pm

2 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: Breach of Contract

Yes, technically this is a breach of contract. You would generally be entitled to your lost profit plus any costs you incurred in preparation for the project, such as buying custom color paint.

You may consider hiring an attorney to write a letter in the hopes of settling the matter quickly and relatively amicably.

Best of Luck!

www.SoCalConstructionLaw.com

Read more
Answered on 1/30/09, 4:27 pm
Scott Linden Scott H. Linden, Esq.

Re: Breach of Contract

Yes it is and your husband shold be entitled to, at the very least, the profit he would have made from the job as well as any additional supplies he may have purchased to be used on that particular jobsite.

Additionally, depeding on the terms of the Agreement, the deposit may have been non-refundable. Without seeing the documents I can not give a certain answer.

If you would like our office to review the situation, please feel free to contact me at the email provided by LawGuru.

Regards,

Scott

Read more
Answered on 1/30/09, 6:13 pm


Related Questions & Answers

More Construction Law questions and answers in California