Legal Question in Construction Law in California

General Contractor's

A Real Estate Company asked for a Bid for fire damage in a house on behalf of the bank. We placed the Bid I get a call asking ''when can you start and finish?'' with urgency. When we said on Monday and be done by Wednesday he said okay. I said he will start on Monday. He said okay. We started the work without a written agreement on Monday. I then send a request for written authorization and they start being shocked and surprised that we had begun and were almost done. We immediately stopped working. Now they say the bank will only pay $700 and the cost of the work that was done was $3000. I send them an invoice for $3,000. and they will not accept it. They want an invoice for $700. Is there any violation hera and do I stand a chance to get my money? Thanks.


Asked on 9/17/08, 2:51 am

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: General Contractor's

It appears that you have an enforceable oral contract. I would suggest filing a mechanic's lien for the $3000.00 and seeing if this would leverage a settlement. However, the lien would require filing an action in the superior court within 90 days, and this is hardly economically feasible for a debt of only $3,000.00. Thus, if the threat does not work, you would have the option of releasing the lien and suing in small claims court.

Best of luck,

E. Leoanrd Fruchter

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Answered on 9/17/08, 12:11 pm


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