Is a contract still valid if a contractor put the wrong address on the contract?
San Diego, CA
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Posted 2 months ago in Construction / Development
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A contractor who never finished work on our property, put the wrong physical address on the contract and is now demanding payment for unfinished work a year later. Is the contract still valid? We are asking because would like to contest the validity/enforceability of the contract. ** Background details, two of the three scheduled payments were made, the third and final payment was withheld until the completion of the job, however after a year the work remains unfinished. We don't want them to set foot on our property again. Contractors License Law states they needed to finish the work withing 21 days of start (that was well over a year ago).**
Best Answer (as selected by the question's author)James Alan Greer
This attorney is licensed in California and 1 other state.
Posted 2 months ago.
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I am a CA attorney (22 years) specializing solely in construction law (located in Del Mar), and I am also a Licensed California general Contractor.
Enforceability: I agree with the previous writer, and won't belabor the point - an address mistake will not render the Construction Contract invalid. HOWEVER, there are several other B&P Codes which contain REQUIRED notices to owner and other writings that indeed can make the contract void or voidable. These laws were in effect "a year ago" as was indicated in your question as the approximate contract date. Off set: It would appear you also have the right to oppose the Contractor's recent "demands for payment" under the concept of "off set" and "abandonment". What this means, briefly, is that the costs to complete (expended by you) would be subtracted from any potential amounts due. CSLB: Lastly, if you were using my office to send a response to the Contractor's Demand I would likely remind the Contractor that it is a violation of the CSLB regulations (Contractor's State License Board) to abandon a project. I am available (gratis) to discuss your situation over the phone ... I offer 15 minutes free advice (858.481.9006). Your situation is similar to hundreds that I have assisted clients with over the past two decades. Caveat: We do not have an attorney-client relationship by virtue of this response, and therefore it is continually recommended that you seek legal advice before acting upon your legal issues. Additional Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted 2 months ago.
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A wrong address wouldn't make a written contract unenforceable, especially since this one was almost completely performed on both sides. There may be other grounds for not making the final payment, such as a payment schedule correlated to the work performed, and it sounds like this contractor abandoned the job, or at least didn't finish it, and breached the contract.
No one can tell you what your contract remedies are without reviewing your contract, and like all contract questions, since all contracts are unique and there's no such thing as a "standard" contract, you're best off having someone review your particular contract to see what's been agreed to. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Steven Alan Fink
This attorney is licensed in California.
Posted 2 months ago.
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The contract is still valid, but you do not owe money for unfinished work. Check the Contractors State License Board link below to make sure the Contractor is licensed and to file a complaint.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. |