Legal Question in Consumer Law in California

Re: Suing Contractor for Quality Issue

There are both contractual provisions you could rely upon, as well as general legal principals. Further, contracts for contractor work have very specific requirements under California law, and from our experience, may contractors do not have a proper contract, which could further help your case.

We specialize in construction law, and would be happy to speak with you if you're interested.

Re: Suing Contractor for Quality Issue

The contract, whether it is expressed in writing or not, surely contained a promise that you would end up with a finished product of a certain quality. If you had specific discssions about quality - or if you were shown photos of what it would look like - that quality was due. If you never had any specific discussion about quality and if photos were not part of the communication among the parties, then some standard measure of quality, like "good and workmanlike" was probably due. Whatever level of quality he was required to deliver, if the contractor did not make good on that promise, he breached the contract.

Now you'll have to spend money busting out and hauling away the old concrete and you'll have to spend money getting new concrete poured/stamped. He can either do all this work for you, at no extra charge, or you can pay someone else to do it all and go after the first guy for a refund PLUS the costs you incurred over and above the $4,000.

This is a very quick-and-dirty analysis. For real legal advice you can rely on, you should consult with an attorney who can ask about specific facts which may impact the analysis.