Legal Question in Construction Law in California

contractor front loaded contract payments

we`ve paid the contractor 75% of the money already including giving him our truck as bridge of payment for credit of 18,000 to keep job going which now its been 6 weeks and no one has come to work.we signed the contract because he threatened us with our home going in foreclosure after wanting to put lien on it. so we agreed dummy us.Now he has about 147,000 dollars of ours on a 129,000 bid contract. we want our truck back,or have him pay it off to the lenders 28,000. we are still making payments and paying the insurance,is this legal for him to do ?were having a pow wow with him tomorrow. he`s only completed maybe 40% of the job and wants more money,can we not pay him till the job is over and were satisfied with his work. he started the job in Nov 2007 was to be done Feb. 2008. please help oh for work not yet started on contract can we withdraw the jobs and leave whats left? to get this guy out of here quicker.


Asked on 4/21/08, 9:38 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: contractor front loaded contract payments

I hope you realize how much at risk you are. You've given money up front to someone who could simply disappear if 'the going gets hard'. You have several legal remedies, lawsuits, etc., but the real question is whether the contractor has any ability to finish your job, or any money to pay a judgment you might get against him if he doesn't. I'd recommend getting an attorney involved who understands those risks, and can 'negotiate' this situation in your best interests and outcome. Feel free to contact me if serious about doing so.

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Answered on 4/22/08, 6:58 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: contractor front loaded contract payments

Sue for specific performance. Contact me directly.

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Answered on 4/22/08, 1:33 pm


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