Legal Question in Construction Law in California

Unsigned contract fell through the cracks

I work for a large remodeling company. We had a small job sneak through without a signed contract. It was to be signed at the pre-site inspection, but unfortunately that never happened. We completed the job and the customer stated that the contract (which was written up at an incredibly low price) was inaccurate. THe customer said it was nearly $1000 over what was agreed. Where do we stand as far as collecting the job? We can't lien the property without a signed contract, correct? The work is complete and the contract was $4000. Thanks.


Asked on 6/07/08, 2:39 pm

1 Answer from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Unsigned contract fell through the cracks

There is no requirement for a signed contract before you can file a mechanic's lien. However, the amount in dispute ($4,000) should be litigated, if at all, in small claims court and you cannot sue on a lien in that forum. Considering the amount, and the time and expense of trying to collect, I recommend that you take the the $3,000.00 and be more carefull in the future.

E. Leonard Fruchter

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Answered on 6/09/08, 11:58 am


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