Legal Question in Construction Law in California
Are contractors required to have a signed contract when work is over 500 dollars. What happens if you go to small claims and there is no contract. My painter walked off the job and now wants 9,000 dollars more. He billed us for items that we did not approve.
2 Answers from Attorneys
If the contract is for home improvements or repairs, yes, there is supposed to be a written contract. In the absence of a contract, courts sometimes allow contractors to collect the fair value of their work anyway. The jurisdictional limit for a Small Claims Court in California is $7,500, so you can't be used there for $9K.
Contractors are required to have a written contract for ALL work. However that is a Contractors State License Board disciplinary violation. It does not void a verbal contract for work, nor does it prevent a contractor for recovering under a theory of "reasonable value of work requested and provided." It then becomes a he-said/she-said about what was actually requested and provided, and what the value of that is.
Related Questions & Answers
-
If i bond around a mechanics lien, can I then have it removed from the property? Asked 10/07/11, 3:40 pm in United States California Construction Law
-
We are building a new house and hired a contractor to hire and supervise the subs.... Asked 10/07/11, 11:02 am in United States California Construction Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
