Did roof job only and pass all inspections. Client still owes $2,400 and didn't pay.
Then she contacted liability for "damages" (inc' gutter) and asked over $10k. Liability experts deny the alleged damages and gutter following it's not part of contract (also he find out client did another claim against UPS for the gutter) and offered $780 only to client which client denied. client then file a complaint with CSLB. CSLB wants us to pay them $1,800 and to client $3,600.
All the alleged damages are not related to our job which contract specified what's include and whats not. (CSLB wants us to pay for damage gutter, for fascia boards and rotted wood. again: gutter isn't part of contract, fascia board not part of contract and WE DID replace any rotten wood we saw).
I do not understand how CSLB is ignoring all our documents and the liability expert and the contract.
I have pic'&videos and emails from client raving about the job and give us referrals, and email from inspector saying the roof is done and final he just need access to client house too check smog detectors.
I have the option to go into a hearing which can take 2-3 days or to pay to client.
It is a tough call when you know you did your job, the customer really liked the job, and now; a complaint and past due receivables.
The real question is did something go wrong or is the customer just trying to get out of a debt? If something went wrong with the gutters, is it something you did wrong or something that you should have offered to do but didn't. These questions make these disputes difficult to handle for a contractor.
However, you have a business and you need to make a decision that is going to be the best decision for your company. The best thing for you to do is to meet with an attorney that is experienced in these matters and let them review the complaint and try to gauge your financial exposure as that will help you make a well informed decision.
Kevin A. Spainhour, Esq. - Hopefully this information is helpful. My answering this question giving my general thoughts does not create an attorney/client relationship and is not a legal opinion. The only way to create an attorney client relationship is to retain our services with a written retainer agreement signed by an officer of our firm. More information regarding our services can be found at www.oslawyer.com
You should look at the CSLB website under mediation. It seems that what you are describing is a mediation process where the CSLB is attempting resolve this dispute. Here, there are two perspectives - you claim to be owed money and your client claims you did something that you should have to pay for. Who is right? If is resolved by a court, you are either going to get paid 2400 or your client is going to get 10K or something in between. In the meantime, you will have paid several thousand dollars in attorneys fees, costs etc. So you might want to ask what would be the likely net recovery and what are the costs to get there (including your lost time)? What is the risk that your client will prevail? You can certainly go the legal route or you can consider this a business negotiation and try to resolve it that way. It appears from your description that the CSLB is not ignoring your evident but rather is trying to help the parties reach a compromise that makes the most pragmatic sense. Good luck in your decision.
You need to HIRE an expert. I am changing the category.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
If the hearing that your discussing is an arbitration hearing with the CSLB, then that would be an opportunity to explain your side of the events and why your contract doesn't include the work to which the customer is complaining. It sounds like a complicated situation and likely you should consult with a construction attorney to better understand your situation and what is the best strategy to proceed. The fact that you have a liability expert suggests that there is more information than what can be posted in a question. An attorney will need to consider all the relevant information in order to advise you how to proceed.
Yes. Go to hearing, take chances, remove self from being available to work for 2 to 3 days.
You may win/lose at hearing.
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