Legal Question in Construction Law in California

construction abandonment

how can i get my money back from my contractor?


Asked on 7/13/07, 6:34 pm

4 Answers from Attorneys

Johm Smith tom's

Re: construction abandonment

Don't know without the facts. Feel free to call our CA member attorney at NanceGroup.com

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Answered on 7/13/07, 7:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: construction abandonment

There are three basic ways: request, lawsuit, and action on the bond. I would pursue them in that order, since most bonding companies won't budge unless you have a judgment.

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Answered on 7/13/07, 7:54 pm
Jim Schaefer Schaefer & Associates

Re: construction abandonment

I would need the entire facts to provide you with a better answer. I am assuming based on the title that the contractor abandoned the job without justification and you have paid him according to the contract.

However, in general I suggest that you: 1. Send a letter (certified return receipt requested) to the contractor requesting that he return all of the money that you paid to him by a specific date (give him 2 weeks) or you will file a complaint with the contractors state license board, a claim against his license bond, and a civil lawsuit against him. Keep the letter simple and do not make any admissions or anything you may have done wrong or otherwise because these can be used against you later. I suggest if it is for a considerable amount of money that you hire an attorney to write the letter for you.

2. If he doesn't return the money within that 2 weeks (which in 99.99999% of the time he will not) then I suggest you hire an attorney if it is for an amount of money over $7500.00 or if not the sue him in small claims. In addition file a complaint with the Contractors State License Board (CSLB) and also against his license bond which is listed on the CSLB website.

Please feel free to check my profile and call should you seek representation in this matter.

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Answered on 7/26/07, 1:47 pm
Terry A. Nelson Nelson & Lawless

Re: construction abandonment

With a huge amount of prayer, luck and smiling of the gods. Start with a lawsuit, and hope he is around, not bankrupt, and that you can find assets to collect against someday after you get a judgment. Make a claim on his bond, if he has one, if he is actually licensed. You'll generally find he only has $1 - 2k bond. If he is actually a reputable company, licensed, not broke, then feel free to contact me if the amount in question is worth having counsel. Otherwise, file in small claims court.

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Answered on 7/13/07, 9:20 pm


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