Have you filed a lawsuit yet? That will entitle you to the discovery/info you desire.
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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.
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
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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