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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4074
Experience:  30 years of experience
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Topic: Breach of Contract by a Lic. Cal. General Contractor(I

Customer Question

Topic: Breach of Contract by a Lic. Cal. General Contractor(I was given no written contract for home remodel). I understand for small claims court, County of Kern the limitation is for 2 yrs to file when contract is oral ). "Written" contract is 4 yrs to file for judgement. I went to Calif. State Board of Contractor - they investigated in my favor.
Question: Would 4 years apply for judgement via courts - because he is licensed by the state of Calif. and did not follow procedure/law in giving to me, a written contract ?
My 2 yrs is up to file in Small Caims. I thought I had 4 yrs to file. This is why I ask.
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.
Hello:Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.The statute of limitations is a substantive provision and can not be amended by the courts or expanded. So, unfortunately, you can not expand the statute of limitations under the theory that you are suggesting. But perhaps you can sue under a theory other than breach of contract. Since he violated the rules of his occupational license, you may be able to assert that he committed fraud in the manner in which he provided the services. If you can allege that he knowingly mislead you as to the work and his performance you can make out a fraud claim. The statute of limitations for Fraud in California is 3 years.See: I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you. If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck, Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.