Legal Question in Construction Law in California

We hired a contractor to remodel our kitchen and bath. We have a signed contract from him with the signature of owner(his uncle) of the construction company. He pretty much abandoned the job. When we call his uncle, we found out that he used his uncle's license without permission and he forged the signature. The uncle hasn't seen him for 2 years. What should we do? Does this qualify as criminal activity? Can I call the cop on him? We have 2 young kids and desperately need our house finished. Any advise will help!


Asked on 3/05/11, 10:45 pm

3 Answers from Attorneys

Deborah Barron Barron Law Corporation

This would be criminal fraud. Most cities have a special unit for these types of crimes with monetary restitution to the victems. You can also contact the State Contractor's license board. Although the Uncle claims his signature was forged, there is a $15,000 insurance bond that is required by the State that could possible provide coverage for a claim. Contact me if you have further questions. [email protected] - http://www.lawbarron.net

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Answered on 3/06/11, 11:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

We are assuming the uncle is telling the truth... If so, add forgery to the list of criminal charges, and this is probably easier to prove at trial. Contact the police at a non-emergency number, or in person, and make out a report.

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Answered on 3/06/11, 4:21 pm

The previous two answers are probably correct, although you are likely to find that police services are stretched too thin to take on this kind of fraud. More importantly, getting him arrested will not get your work done. You need to get this guy back on the job, or better yet get the uncle to pay for it to be finished. If the uncle did anything that facilitated the guy using the uncle's license, or better yet if the uncle is just lying, you may be able to get him on the hook. We maintain facilities in San Mateo to meet with penninsula clients. If you would like to arrange a no-obligation initial consultation, please let me know.

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Answered on 3/07/11, 11:37 am


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