Legal Question in Construction Law in California

I was hire by a homeowner to perform a room addition. I completed the foundation work and was prepared to start the demo/framing phase. He then brought me into his office and felt my contract was to high and wanted to get other bids for the rest of the project. My comment was good luck. He has now has emailed me asking for my phone number which is on the front of my home improvement contract. I will not contact him by phone due to it all being hearsay. This email was received two days ago. He does not offer any additional dialouge. I feel I should turn it over to a construction attorney for breach and demand my profit and overhead he would owe for the project.

Asked on 5/01/15, 9:59 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

If you have a written agreement signed by the owner, then the owner is bound by the terms of that agreement. He can try to re-negotiate the terms, but you do not have to agree. If he refuses to let you go forward without lowering the price, he will be in breach of contract. In that case, you will generally be entitled to payment for all work performed and reasonable profit and overhead for the rest of the contract. What action you should take would depend on many factors and would start with a review of your contract and all relevant documents. Contact a construction attorney in your area for a consultation. Many of us offer no cost initial consultations.

You probably should start contacting attorneys promptly as time seems to be of the essence.

Tel: 909-455-1194

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Answered on 5/01/15, 10:40 am

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