Legal Question in Construction Law in California

We hired a company to replace our air ducts and insulate our attic. We latter found the work to be poor and incomplete. We stopped payment on our checks while discovering the contractors CSLB license has been suspended. How do we settle. The sum total came to almost $10,000.


Asked on 2/02/10, 5:48 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Sounds like they materially breached and you dont owe them anything. If you want to give my office a call, I can send them a buzz off letter.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/07/10, 9:25 pm
Bruce Beal Beal Business Law

In the event of a lawsuit against you regarding payment, it is the contractor's burden to prove therein that he was licensed during the entirety of the project, including the bid. You can ask for an evidentiary hearing at the beginning of trial to determine whether he can meet the above burden of proof, by producing at least a certified copy of his licensing history during the entirety of the project, including the bid. If the contractor does not meet this burden, he is barred any remedy against you.

Proviso: My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case more completely in a confidential relationship to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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Answered on 2/11/10, 4:12 pm


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