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Fraud and cheating by landscape contractor.

This legal question related to mediation services in BrentwoodCalifornia has been answered.

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Location: Brentwood  |  Law type: mediation services
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contractor hired for landscaping concrete work, bbq build in and artificial grass installation etc in my backyard.took about 62 % of total money  and none of the work done is finished. When told something doesn’t seem good threatening  to stop work. As per contract, time limit is way over and since few weeks  not coming for work stating willn’t do it.Also  When hired told he is a licensed contractor didn’t check his credentials just found he is using a fake license number. What should I do in this situation please advise. I am about 65 years of age and a heart patient. Inspite of repeated requests this guy is refusing to finish work 

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Sale proceeds on home in Jacksonville, NC
2 years 1 month ago, mediation services, Jacksonville

Legal Solution

The response provided below is specific to mediation services in the jurisdiction of Brentwood. If the response is inadequate, please submit a detailed inquiry.

Addressing Contractor Fraud and Potential Mediation in Brentwood

It sounds like you're facing a situation of potential contractor fraud where a landscaping contractor has taken significant payment without completing the work, and furthermore, might be operating under a fake license. Addressing this situation requires a multi-faceted approach.

Relevant Legal Provisions:

  • California Contractors State License Board (CSLB): Governs licensing and regulation of contractors.
  • California Business and Professions Code § 7028: Operating without a license.
  • California Civil Code § 1689(b)(2): Grounds for rescinding a contract.

Homepage: California Contractors State License Board

Possible Solutions:

  1. Document Everything: Keep a record of all interactions, payments, and the contract itself. Pictures of the unfinished work will also be helpful.

  2. Reach Out to the CSLB: You can file a complaint about the contractor's potentially fake license and the uncompleted work. They have the authority to investigate unlicensed contractors.

  3. Mediation: Given that the issue is highlighted as one for mediation, consider engaging an arbitration and mediation attorney to help resolve the matter without resorting to litigation. Mediation can be a less adversarial way to reach a resolution.

  4. Legal Action: If the above steps do not yield results, you might need to consider legal action. Consulting with a lawyer, especially one specializing in construction law, would be advisable.

  5. Insurance Claim: Check if you have any insurance policies that might cover contractor fraud. You could be entitled to some reimbursement.

Find the right lawyer that suits your needs to guide you through the process.

Costs of Legal Services in Brentwood:

Service Average Cost
Initial Consultation $175 - $350
Mediation Services $1,200 - $3,000 per session
Contract Review $500 - $1,000
Legal Action (without trial) $5,000 - $15,000
Legal Action (with trial) $20,000 - $50,000

Brentwood, being a part of the Los Angeles metropolitan area, might have slightly higher legal fees than other regions in California due to the high demand and cost of living.

Further Clarifications:

Before providing more in-depth advice, it's essential to have a clear understanding of all aspects of your situation.

  • Can you provide copies or details of the contract you signed with the contractor?
  • Have you had any written communication with the contractor about the incomplete work or the overstepped timeline?

Remember, understanding the complete picture helps in crafting a more tailored solution.

Relevant Questions:

  1. Contract Details: Is there a termination clause in the contract, and if so, what does it stipulate?

  2. Payments: Did you make all payments through traceable means, such as checks or bank transfers?

  3. Witnesses: Were there any witnesses or other parties present during the discussions or when the contractor made threats?

Frequently Asked Questions in Brentwood:

What actions can the CSLB take against unlicensed contractors?

The CSLB can issue citations, fines, and even refer cases for criminal prosecution.

Can I get a refund if my contractor doesn't finish the job?

Yes, depending on the terms of your contract and California law, you might be entitled to a refund or damages.

What is the importance of hiring a licensed contractor?

Licensed contractors have demonstrated their skills and are regulated by the state. Hiring a licensed contractor provides you with more protections and recourse options.

How long do I have to file a complaint against a contractor in California?

Typically, you have up to four years from the date of the alleged violation to file a complaint, but it varies based on the nature of the issue.

Is mediation binding in California?

No, mediation is not binding unless both parties agree to a resolution during the mediation process and sign a binding agreement.

It's crucial to act swiftly and ensure your rights are protected. If you're unsure about the next steps, ask a free legal question or compare lawyers in your area to find the best fit for your situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question " Fraud and cheating by landscape contractor." has been changed 10 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Brentwood & area of law: mediation services.
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