Legal Question in Construction Law in California

I am a licensed general contractor in California. I signed a contract with homeowner to do work on her burned house. She was waiting to receive insurance check so she can pay me deposit and monies to start. One weeks passed and I called insurance company to see status of check. Insurance man then tells me owner said she's no longer working with me. I call her and she says she now went with someone else.

I did not get money/deposit from her aka, consideration, however can I use detrimental reliance as substitute consideration to get the contract enforceable? If so what is my next move?


Asked on 12/14/17, 9:36 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the signed contract contained her unequivocal promise to pay for your work, that should be sufficient consideration to make your contract enforceable. If it did not, for example, if the contract were conditioned upon her getting insurance money, you may have to use a detrimental reliance theory. However, a promise to pay is as good as money up front as consideration for a contract.

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Answered on 12/15/17, 2:55 pm


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