{"id":5426,"date":"2022-03-16T13:10:12","date_gmt":"2022-03-16T20:10:12","guid":{"rendered":"https:\/\/www.realtyexecutives.com\/blog\/?p=5426"},"modified":"2022-03-10T13:26:52","modified_gmt":"2022-03-10T20:26:52","slug":"poor-workmanship-when-renovating-your-california-home-know-your-rights","status":"publish","type":"post","link":"https:\/\/www.realtyexecutives.com\/blog\/poor-workmanship-when-renovating-your-california-home-know-your-rights","title":{"rendered":"Poor Workmanship When Renovating Your California Home? Know Your Rights"},"content":{"rendered":"\n<div class=\"wp-block-image\"><figure class=\"alignright\"><img decoding=\"async\" loading=\"lazy\" width=\"450\" height=\"300\" src=\"https:\/\/www.realtyexecutives.com\/blog\/wp-content\/uploads\/2022\/03\/Blog-Images-88.png\" alt=\"Two workers in the middle of a California home renovation.\" class=\"wp-image-5427\" srcset=\"https:\/\/www.realtyexecutives.com\/blog\/wp-content\/uploads\/2022\/03\/Blog-Images-88.png 450w, https:\/\/www.realtyexecutives.com\/blog\/wp-content\/uploads\/2022\/03\/Blog-Images-88-300x200.png 300w\" sizes=\"(max-width: 450px) 100vw, 450px\" \/><\/figure><\/div>\n\n\n\n<p>If you are a homeowner, regardless of the age of your home, at some point there will be home improvements, maintenance, or <a href=\"https:\/\/www.realtyexecutives.com\/blog\/summer-renovation-tips-and-ideas\">renovations<\/a> to undertake. Projects to improve your property, such as knocking out drywall or creating a backyard garden, will be exciting yet inevitably stressful. <\/p>\n\n\n\n<p>The last thing you want to think\nabout during your project is a future lawsuit. By consulting a real estate\nattorney, a consumer rights group, or local government authority before you\nsign on the dotted line with your selected contractor will aid you in\nprotecting your rights.<\/p>\n\n\n\n<!--more-->\n\n\n\n<h2 class=\"wp-block-heading\">California Laws Regulating the Construction Industry<\/h2>\n\n\n\n<p>California has the Contractors\nState License Board which regulates the construction industry. This Board will\nissue licenses and discipline contractor firms. In California, state law\ninsists that contractors must advise clients of their consumer rights.<\/p>\n\n\n\n<p>If the contractor you have\nselected does not have a license for the type of renovation you want or does\nnot offer a contract, this is a huge red flag. Hiring an unlicensed or\nunqualified contractor can prove to be very expensive if problems arise.<\/p>\n\n\n\n<p>The California Business and\nProfession Code describes contract requirements in Section 7159 and includes\nrepairs, remodeling, or modifying residential properties.&nbsp; Not only does this include work on your\nhouse, but also garages, fences, terraces, pools and spas, patios, and\ndriveways. Projects under $500 may not be considered under the code.<\/p>\n\n\n\n<p>The law defines what needs to be\nwritten in the contract and specifies that work cannot begin until the\ncontractor provides you with a signed and dated copy of the contract. Down\npayments must not exceed $1000 or 10% of the contract. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What to Do to Protect Your Investment<\/h2>\n\n\n\n<p>There are several steps to take\nif you run into problems:<\/p>\n\n\n\n<ul><li>Communications should be in writing. Often issues may result due to bad communication or even a lack of updates.<\/li><li>Be somewhat flexible but with limits. Mistakes and unexpected events happen. However, it should not occur regularly.<\/li><li>Define milestones with payments and timelines.<\/li><li>Always refer to what you have agreed upon in your contract. Avoid agreeing to work without one.<\/li><li>Amend your contract if need be, especially in the case of a missed milestone. Do not rush to meet a deadline by accepting lower-quality work.<\/li><li>If you have problems with onsite workers, speak with the boss.<\/li><li>Communicate with onsite subcontractors doing the work. If they are dissatisfied with your contractor there may be a money issue involved.<\/li><li>Keep an eye on additional charges. Refer to your contract and amend it if you wish to upgrade and incur an increased cost.<\/li><li>Withhold a missed milestone payment but inform your contractor that you expect conditions to be satisfied to make payment.<\/li><li>Consider posting a review or testimonial. The risk of bad reviews or payment withheld may stimulate your contractor to meet      the contract conditions.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Poor Workmanship<\/h2>\n\n\n\n<p>In the event of poor workmanship,\nthere are several things you can do. The first is to file a complaint against\nyour contractor with the Contractors State Licensing Board. There are three\nways to do this. You can call them to ask that a complaint form be mailed to\nyou, use the <a href=\"https:\/\/www2.cslb.ca.gov\/OnlineServices\/ConstructionComplaint\/ComplaintFormProcess.aspx\">online complaint<\/a> form, or select to <a href=\"https:\/\/www.cslb.ca.gov\/Consumers\/Filing_A_Complaint\/Filing_A_Complaint_By_Mail.aspx\">download the form<\/a> and print it. The Department\nof Consumer Affairs assists in this.<\/p>\n\n\n\n<p>Another choice is to <a href=\"https:\/\/www.peopleclerk.com\/post\/how-to-sue-a-contractor-in-small-claims-court-california\">sue your contractor<\/a> for poor workmanship if\nyou have already fired the contractor.<\/p>\n\n\n\n<p>Poor workmanship can be evident\nby defects in: <\/p>\n\n\n\n<ul><li>Concrete<\/li><li>Design <\/li><li>Drainage <\/li><li>Drywall<\/li><li>Engineering <\/li><li>Finishes<\/li><li>Roofs<\/li><li>Siding<\/li><li>Slabs in concrete<\/li><li>Soil settlement<\/li><li>Structure<\/li><li>Ventilation<\/li><li>Windows <\/li><\/ul>\n\n\n\n<p>These kinds of defect can reduce the value of your property. <\/p>\n\n\n\n<p>There are four categories of\nconstruction deficiencies:<\/p>\n\n\n\n<ul><li>Design. This will involve architects and engineers that do not respect building codes in their designs.<\/li><li>Material. This involves the use of substandard materials.<\/li><li>Subsurface. This involves the instability of the soil where the house is located.<\/li><li>Workmanship. This involves workers that are poorly trained or those that use shortcuts.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Suing the Contractor<\/h2>\n\n\n\n<p>To sue your contractor for bad workmanship, you must have a signed, legally binding contract or agreement. You will need to demonstrate that you fulfilled your obligations of cooperation and the agreed payment schedule. The most important aspect, however, is demonstrating breach of the contract or agreement- evidence that your contractor did not deliver the work expected or that it is faulty. Finally, you will need to indicate damages that you incurred by redoing the work.<\/p>\n\n\n\n<p>Before making a decision to sue, make sure to consider the following:<\/p>\n\n\n\n<ul><li><strong>Document any poor work. <\/strong>Have proof that the contractor did not respect the contract by presenting shoddy work or by not respecting time schedules. Always inform your contractor in writing that they are at risk of breach of contract.<\/li><li><strong>File a complaint with your local state licensing board. <\/strong>When a contractor receives enough complaints, the board can choose to publish this info.<\/li><li>You can attempt to resolve any issues by <strong>opting for arbitration or mediation<\/strong>.<\/li><li><strong>Sue your contractor in small claims court.<\/strong><\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">What You Can Recover<\/h2>\n\n\n\n<p>Because suing normally involves a breach of contract, fraud, or negligence, with sufficient evidence that includes testimonies, photographs, and documentation, you may be able to win financial compensation. Damages include:<\/p>\n\n\n\n<ul><li>Court costs and fees<\/li><li>Lawyer fees<\/li><li>Market value reduction\nor depreciation<\/li><li>Repair costs<\/li><li>Temporary housing\ncosts<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">A Final Thought<\/h2>\n\n\n\n<p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nThe best method for\navoiding the risk of poor workmanship is to select a dependable contractor. Get\nreferences from other clients of the contractor to see if the work was well\ndone and has lasted. Avoid contractors that will cut corners to contain costs\nor prefer cash agreements. Review the contract and make sure it is detailed and\nin line with your expectations.&nbsp; In the\nend, a little research and preparation can help you avoid the risk of poor\nworkmanship and the hassle of legal action.\n\n\n\n<\/p>\n","protected":false},"excerpt":{"rendered":"<p>If you are a homeowner, regardless of the age of your home, at some point there will be home improvements, maintenance, or renovations to undertake. Projects to improve your property, such as knocking out drywall or creating a backyard garden, will be exciting yet inevitably stressful. The last thing you want to think about during &hellip; <a href=\"https:\/\/www.realtyexecutives.com\/blog\/poor-workmanship-when-renovating-your-california-home-know-your-rights\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Poor Workmanship When Renovating Your California Home? Know Your Rights<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0},"categories":[782,419,4724],"tags":[335,4185,59],"yst_prominent_words":[5842,5857,5847,5838,5837,3485,5851,4184,5854,5853,5856,5845,4953,5846,5858,5855,5852,5850,1066,5848],"_links":{"self":[{"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/posts\/5426"}],"collection":[{"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/comments?post=5426"}],"version-history":[{"count":1,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/posts\/5426\/revisions"}],"predecessor-version":[{"id":5428,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/posts\/5426\/revisions\/5428"}],"wp:attachment":[{"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/media?parent=5426"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/categories?post=5426"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/tags?post=5426"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.realtyexecutives.com\/blog\/wp-json\/wp\/v2\/yst_prominent_words?post=5426"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}