I am having problems with contractors who did work on my property

When you hire a contractor to work on your property, you expect the work to be done in an above-board and timely manner.

However, if a construction contractor works on your property and fails to meet the terms of your agreement, or their legal obligations under California law, it may be necessary to seek legal aid and file a lawsuit.

Lawsuits against construction contractors can take a number of different forms and can be based upon a number of different theories such as :

  • Breach of Contract
  • Breach of Implied Warranty
  • Breach of Express Warranty
  • Negligence
  • Products Liability

Frequently Asked Questions

Typically, appliances are not covered under new home warranties or warranties offered by a specific contractor that works on your home. If you are having an issue with an appliance, you may wish to contact that manufacturer of that particular product. However, if a contractor’s specific conduct led to the destruction of an appliance on your property, that contractor may still be liable, regardless of whether the damage is covered by a warranty.
In many instances, it is possible to resolve issues with your contractor simply through negotiation. Webb Law Group, APC can assist in negotiating on your behalf when issues arise with the contractor that is working on your home. Additionally, prior to filing a lawsuit you may consider going through some form of alternative dispute resolution such as mediation or arbitration. Further, prior to filing a lawsuit it may be necessary to allow the contractor to inspect the issue and to attempt to repair the issue depending upon the specific circumstances of your case.
Generally speaking, contractors recover for on-the-job injuries from their own worker’s compensation. Additionally, if the injury is caused by a tool or good utilized by the contractor, the contractor may sue that products’ manufacturer for their damages. Only in very limited circumstances can a contractor sue a property owner for damages sustained when working on the jobsite.
Depending upon the specific type of claim you are seeking to file against the contractor or builder, the relevant statute of limitations will vary. For example, a claim for breach of written contract has a status of limitations of four years, whereas some times of personal injury claims have statutes of limitations of only one (1) or two (2) years. The best course of action is to contact an attorney immediately should any issues arise in order to avoid losing any rights or claims you may have.

Depending upon the specific conduct of the construction contractor, some or all of these causes of action may apply to your case. For example, if you and your contractor agreed upon a certain price or deadline, and the contractor later breaches those parts of the agreement by delaying or charging extra, you may have a viable claim for breach of contract. On the other hand, if the contractor does a shoddy job or uses inadequate parts compared to industry standards, you may have a viable negligence or products liability claim.

Additionally, the California Civil Code provides certain requirements and remedies for contractors and homeowners in these types of situations. For example, under California Civil Code Section 900, a builder must provide a limited warranty, in writing, as to “fit and finish” items in the home that must last for at least one year from the close of escrow. In other situations, even if you did not receive a written warranty from the builder, the builder may owe you a warranty for a period of at least one year.

Webb Law Group, APC can assist you in these types of situations. Please call us at 619.399.7700 or 559.431.4888

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

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