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Homeowner Forum / Construction / July 2008CA Contractors State Lic Board Problem - Legal advice???
A friend is under a citation from our State Lic Board here in California. He had a contract with a homeowner that provided for progress payments, she didn't make them, so he abandoned the job. It is all in his contract, and agreed to by both parties. Now the license board is saying that he has no legal right to abandon the job, even if she didn't make the payments. What's with that??? Also, they are taking him to task for several other things. For example, one was "failing to do work to standard", specifically not hooking up receptacles and switches. Since he abandoned the job (since he wasn't being paid) he just hadn't gotten to that work which he would have done before completion. It seems to me that he is being assumed guilty by the CA State Lic Board. His citation calls for him resolve the matter by a certain date, but after 3 offers to the homeowner from his insurance, all rejected, what can he do? Lose his license because the other party won't act in good faith? He also has a weak attorney who has done virtually nothing for my friend. I hate to see a friend railroaded. I really do. Anyone have some advice? He is down in the Apple Valley area of California. Thanks Tim "T. C. Conde" wrote... > A friend is under a citation from our State Lic Board here in California. > He had a contract with a homeowner that provided for progress payments, [quoted text clipped - 13 lines] > railroaded. I really do. Anyone have some advice? He is down in the Apple > Valley area of California. I think you answered your own question.... weak attorney and California! Tell your friend to finish the work and put a lien on the property, take her to court over breach of contract, and spread the word to other contractors that she is a free-loader. Or better yet, call Judge Judy, I'd like to see this on TV. > A friend is under a citation from our State Lic Board here in California. He > had a contract with a homeowner that provided for progress payments, she [quoted text clipped - 15 lines] > Thanks > Tim Your "friend" was cited, its not your job leave it alone. >> A friend is under a citation from our State Lic Board here in California. He >> had a contract with a homeowner that provided for progress payments, she >> didn't make them, so he abandoned the job. It is all in his contract, and ... > Your "friend" was cited, its not your job leave it alone. And, there's almost certainly "more to the story" than told here or it wouldn't have reached this point... -- I come from a time when people helped each other and loyalty meant something. I believe that friends should stick together, good times and bad. Having this good guy go through this is really a bummer for me. On Jul 10, 2:47 am, "T. C. Conde" <tcco...@sbcglobal.net> wrote: > A friend is under a citation from our State Lic Board here in California. > He [quoted text clipped - 22 lines] > Thanks > Tim Your "friend" was cited, its not your job leave it alone. > I come from a time when people helped each other and loyalty meant > something. I believe that friends should stick together, good times and bad. > Having this good guy go through this is really a bummer for me. ... Well, he may be a "good guy", but this story just doesn't pass the smell test, sorry... His response to the request from the Board to fix the problems was instead to have his insurance company offer a cash settlement? Hardly a "good guy" response in my book... -- > I come from a time when people helped each other and loyalty meant > something. I believe that friends should stick together, good times and bad. [quoted text clipped - 32 lines] > > - Show quoted text - He saw a laywer, he stopped work, he was cited, payment was stopped logicaly because the customer was unhappy. He may be a great guy, but he could be a crooked hack. Be carefull involving yourself, you dont know the whole story. Plus you are not getting paid for him to cry on your shoulder. I am a General Building Contractor in Calif. I see a case of client/contractor friction. It is kind of late to put this "so called fire out" but in the future, it is important to reach agreements and follow through with those before going on with more work. Progress payments if not made to begin with signal a time to negotiate, stop work, or solve the problems encountered. If the contractor continues work, and no payments were made, and then decides to find out what is wrong.....it is too late. Going to an Attorney, and or having such bad relationship with the client that they go to the Contractor License Board is the end of the line....... I would go back and complete the work, do a job better than any inspector would expect, take pictures and get signatures (signed completion)from inspectors as to the quality of the work,pull out my tools, clean up the area, , and then wait to get paid. If no payment, then it is time to go to court. jloomis >A friend is under a citation from our State Lic Board here in California. >He had a contract with a homeowner that provided for progress payments, she [quoted text clipped - 15 lines] > Thanks > Tim ... > I see a case of client/contractor friction. ... Think??? :) -- > ...> I see a case of client/contractor friction. > [quoted text clipped - 3 lines] > > -- Yea he has to fix it and remove citations as he sounds like a hack and the customer is not happy with the contractor, and of course there is the other side to the story, but citations tell alot of the story. You mention stopping work. According to the CSLB, you have no legal right to stop work, even if it is spelled out in your contract like that. I do not understand that. >I am a General Building Contractor in Calif. > I see a case of client/contractor friction. [quoted text clipped - 34 lines] >> Thanks >> Tim > You mention stopping work. According to the CSLB, you have no legal right to > stop work, even if it is spelled out in your contract like that. I do not > understand that. The laws must be broad enough to handle a variety of situations. Some situations the owner is at fault, some the contractor. If the contractor stops work, depending on where the work is stopped, it can cause serious harm to the owner, create a potentially unsafe condition (unattended job site) and potentially ruin a very valuable asset - his house. The contractor will have a cash flow problem, which is nothing to sneeze at, but that does not trump the owner's potential downside. There are contractors that will stop work as an attempt to squeeze money out of the owner. It's an understandable impulse, but it is the wrong way to apply pressure. It's akin to asking a race horse to run faster by strangling it. You're empathizing with your buddy, which is fine, but he's a big boy and can deal with his own problems. R ... > There are contractors that will stop work as an attempt to squeeze > money out of the owner. It's an understandable impulse, but it is the > wrong way to apply pressure. It's akin to asking a race horse to run > faster by strangling it. ... Not to mention there's no indication from the OP as to _why_ the client didn't make the progress payments--quite likely given the response of the Board that was something other than simply not paying a bill that prompted that reaction. Given the apparent response of the contractor, I can only imagine what being one of his clients must be like from the other end... :( -- The sheetrock is up, the interior electrical and plumbing rough-ins sound completed. What in that process is/are the buyer's complaint(s) during the building process? If the house is financed, the lending institution also has an interest. Putting pressure on the lender to finish the home. And, consequently, the buyer. There is a whole lot more to the story than you divulge, and/or, are aware of.  SignatureDave Speculation on a product or material that is an obvious need, is not speculation per se as there is no risk to the speculator. Common were those selling food and other supplies in the gold rush days. In this case, its oil and its everyone who bites the bullet. And most everyone has no gold to be made, just business as usual. >A friend is under a citation from our State Lic Board here in California. >He had a contract with a homeowner that provided for progress payments, she [quoted text clipped - 15 lines] > Thanks > Tim |
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