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Richard, Attorney
Category: Legal
Satisfied Customers: 55717
Experience:  Attorney with 29 years of experience.
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My friend is 71 years old and is having his kitchen

Customer Question

My friend is 71 years old and is having his kitchen remodeled. The contractor has not been in contact with him for three weeks. This project should have taken 3-4 weeks and it is now over four months. He is without a kitchen and lives alone. It appears that he has been taken advantage of. I want to send a letter to his contractor, and then contact the ca contractor's board as he is a licensed contractor. Does he need an attorney at this point or should I continue with the letter and the contractor's board first.
JA: Has anything been filed or reported?
Customer: Not at this point. I have not been able to get him to do anything as he is quite frustrated.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, some of the kitchen is finished, but the electrical, plumbing and some of the floor is incomplete. There is also a pantry/laundry area that is being remodeled.
Submitted: 2 months ago.
Category: Legal
Expert:  Richard replied 2 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

Good evening. First, send the letter; then you can engage an attorney if necessary. But, in the letter, you want to raise the stakes on the contractor. Before sending the letter, I would get an estimate from another contractor for the cost to complete the job, including any remediation due to the substandard work done to date. Then, I would send the existing contractor a certified, return receipt requested letter detailing the history, terminate the contract and demand he pay what it will cost you to have the other contractor finish the job properly since you no longer have confidence in him. I would inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, I would mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle your friend not only to his damages, but also an additional amount equal to multiple times his actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit on behalf of your friend. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments being on the record.

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