Legal Question in Construction Law in California

contractor misrepresentation

Contractor was unlicensed.Falsely claimed he was. Built a deck attached to my home without plans permits or engineering calculations. When I confronted him he abandoned the unfinished job. Unfortunately I had paid him $17,000. of the $20,000. we agreed upon. I have consulted with several other contractors and they deem the structure unsafe and must be torn down and rebuilt correctly.

How much time do I have to file a lawsuit against this individual,to recover damages?


Asked on 12/16/05, 3:11 am

4 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: contractor misrepresentation

Absent more facts, your easiest remedy would be for breach of contract. Here, you would have 4 years from the time the breach was properly noticed to sue. If you would like further assistance, contact us directly for a free consultation.

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Answered on 12/16/05, 8:28 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: contractor misrepresentation

2 years for breach of oral contract, 4 years for breach of written contract. If there was fraud, 1 year from that date you discovered the fraud.

If this person truly was not a licensed contractor, you are entitled to all of your money back. You should also report this incident to the Contractor's State License Board for possible criminla prosecution.

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Answered on 12/16/05, 9:00 am
Michael Olden Law Offices of Michael A. Olden

Re: contractor misrepresentation

why would you wait -- you didn't check on his liscense so now do the right thing -- you chance or getting back your money is less than good but you must try and sue for fraud so it cannot be discharged in bankrupcy -- good luck but do something now

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Answered on 12/16/05, 10:31 am
Gary Redenbacher Redenbacher & Brown, LLP

Re: contractor misrepresentation

The other attorneys have given you general guidance on the statute of limitations, but I agree with Mr. Olden: sue him now. Unlicensed contractors are notoriously mobile. If you know where he is, don't wait. The operative code section to allow you to get back all of the money you've paid him is Business & Professions Code 7031. Getting money out of an unlicensed contractor can be difficult, but you likely know where he banks if you paid him by check. Look at the back of the check. You should also report him to the police. A criminal case and an order for restitution may go a long way to getting your money back.

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Answered on 12/16/05, 1:12 pm


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