How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4828
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I red contracter business remodeling. Now deadline is

Customer Question

hi, i hired contracter for my business remodeling. Now deadline is completed since Nov 27 work is not done yet. I want to sue that contractor now since i am losing money. i paid him $8500 and $12000 i already paid for lease. I want to sue him at get all $20,000 back.His license is also suspended from Jan 1st his license number is *****
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

How much was the entire prive for the remodel? How much is left to be done?

Customer: replied 1 year ago.
$26000 total as per contract..
Customer: replied 1 year ago.
nothing is done as per contract. All work is incomplete not even he is able to take permit which was step 1. His license number is ***** u can check in CSLB
Customer: replied 1 year ago.
I am paying $3000 for lease each month from october 2015. i signed contract on Oct 14
Expert:  Chris T., JD replied 1 year ago.

OK. So, there is no value to what they've done so far.

Expert:  Chris T., JD replied 1 year ago.

Do you know if there is a liquidated damages clause in your contract? It should be some sort of daily financial penalty for every day over their scheduled completion date.

Customer: replied 1 year ago.
what is that..he damaged our property...
Customer: replied 1 year ago.
he did demolition.
Customer: replied 1 year ago.
I can send u snapshot of original contract..
Expert:  Chris T., JD replied 1 year ago.

Sure.

Expert:  Chris T., JD replied 1 year ago.

A liquidated damages clause is a paragraph in your contract that says they will pay you a certain amount of money per day that they go over.

Customer: replied 1 year ago.
No it is not mention.
Expert:  Chris T., JD replied 1 year ago.

OK. Let me take a look.

Customer: replied 1 year ago.
Take your time. I will waiting for your response
Expert:  Chris T., JD replied 1 year ago.

I definately think you have a cause of action. You should sue for breach of contract. In that suit, you would claim that they did not fulfil their obligations under the contract, and you are entitled to damages. Those damages should include the money you've already given them, loss of business, and what it would cost to repair the damage they did.

Expert:  Chris T., JD replied 1 year ago.

The only thing that could impact your damages is if you decide to hire someone to complete the remodel, in which case the demolition they did could be considered a value (you then wouldn't have to pay the next company to do the demo work). If that's the case, they will get a credit for the value of the demo work.

Customer: replied 1 year ago.
no but i am paying for lease $3000 each month .....and i paid $8500 to contractor.
Customer: replied 1 year ago.
sorry ignore previous response..let's sue him for breach of contract.
Customer: replied 1 year ago.
plus loss of bussiness $20,000 per month additional.
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.
Hi i didn't receive response. How to file a claim for this??
Expert:  Chris T., JD replied 1 year ago.

Sorry, I just saw this.

You need to file a lawsuit in district court. I suggest you hire an attorney to assist you. Filing a lawsuit yourself can be very challenging. Plaintiffs that represent themselves are held to the ssame standards as attorneys in terms of knowing the law and procedure. If you really want to represent yourself, here is a website from the California courts that should help you.

http://www.courts.ca.gov/9616.htm

Related Legal Questions