We owe him money, but it is less than the value of the services left to complete. The "contract" simply says INVOICE and only my signature is on it. (I realize this was my fault for "just trusting" him) Additionally it's in violation of almost every requirement listed in CA BCP Code 7159. I do not want him to continue to do work, I do not want to pay him anymore money and I'd like the balance of the money that he already has for services that have not been rendered. I also believe he is co-mingling funds and using our funds to pay for a current project hence the slow down in our renovation. How can I prove this? Can I legally ask anything of him to prove our payments have been set aside for our project solely?
Personal Injury Lawyer
Have you filed a lawsuit yet? That will entitle you to the discovery/info you desire.
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Estate Planning Attorney
The written contract may be voidable if it does not contain certain required language. A legal review of the document should answer that question and provide you with direction.
No information you obtain from this answer is legal advice, nor is it intended to be. No attorney-client relationship is intended or formed between the questioner and answerer. You should consult an attorney for individualized advice regarding your specific situation.
Construction / Development Lawyer
To answer your question, an attorney will need to review the contract and any other documents involved, including the scope of work to be done, the work completed, and payment records.
If there is no written contract, that does not necessarily make it void, but it does subject the contractor to discipline by the CSLB.
You should probably sit down with an attorney that has experience with construction matters.
Feel free to give me a call if you have some questions.
Office - 310-451-2424
2 lawyers agree
I agree with my colleagues. I would simply add that you might check to determine if the contractor is properly licensed. If not, then you may be able to cancel the contract. A contractor without a license is not going to be able to sue for breach.
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1 lawyer agrees