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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33752
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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My husband is a licensed electrician in California who is

Customer Question

My husband is a licensed electrician in California who is being sued in small claims by the general contractor. The general and business owner added work change orders that were not in the original contract. My husband had told them that any work orders would not be included and would be separate and not be included in the original contract. As they did the work, they got progress payments. However, before completing the job, the general contractor told my husband that they ran out of money and could not pay him anymore. Consequently, my husband and his employees walked off the job without finishing it. Now the General wants all of the money that he paid them back, including for parts that were installed and the labor. In addition, the job inspector had told my husband that the job prints had not been approved by the state of CA and that they needed approved blueprints from the engineer/architect. So, the entire time that my husband had been working had been with unapproved schematics. So my husband told the General what the inspector had said. Currently, that job has been finished by other people and so the inspector was not able to pull up the corresponding records and documentation where he had written that the job needed valid prints.
This is for California. I don't know if that makes a difference.
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
URGENT!!!! My husband will be going to court in the morning. It is 5:25 PM Sunday.
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
I want to know if my husband was allowed under the law to walk off the job since the general contractor ran out of money? The job was in California as I said.
Can we talk on the phone?
Customer: replied 1 year ago.
OK, so what is the response?
Expert:  Dwayne B. replied 1 year ago.

I don't do telephone calls but another expert may pick up on that portion of it.

Technically your husband shouldn't have just "waled off", he should have had his lawyer write a letter, give the general a certain time by which they should pay, etc. but realistically most judges are going to say that you can't expect someone to work for nothing and the fact that the general had already told them they weren't going to pay him and his crew is sufficient grounds to leave the job.

Expert:  Dwayne B. replied 1 year ago.

I don't think that the other issues you mention, like the blueprints not being approved, is really going to be an issue unless it was a part of your husband's job to provide approved blueprints.

Customer: replied 1 year ago.
No, the general contractor was supposed to get an approval from the city builders office to provide it to the subcontractors.
Expert:  Dwayne B. replied 1 year ago.

I think it is a non-issue as to your husband since it wasn't his duty to prove the blueprints. He would be entitled to rely on whatever they provided him and the general can't now come back, having provided the blueprints, and complain that your husband followed them. It is a theory of equitable law known as "unclean hands".

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.