Do I Need a Lawyer for a Contractor Dispute?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

What is the main problem with your contractor?

Abandoned the project before completion

Work is defective or doesn't meet code

Contractor was unlicensed (or license lapsed)

Overcharged or won't refund for incomplete work

Excessive delays beyond the timeline

Question 2 of 6

How much money is at stake?

Over $25,000

$12,500 - $25,000

$5,000 - $12,500 (Small Claims range)

Under $5,000

Question 3 of 6

What type of work was involved?

Major structural work (foundation, roof, addition)

Electrical, plumbing, or HVAC systems

Kitchen/bathroom remodel or renovation

Painting, flooring, landscaping, or cosmetic work

Question 4 of 6

Do you have a written contract?

Yes - detailed contract with scope, timeline, and payment terms

Yes - but basic or incomplete terms

Only a written estimate or invoice

No written contract (verbal agreement only)

Question 5 of 6

Have you already tried to resolve this?

Yes - filed complaint with CSLB (Contractors State License Board)

Yes - sent written demand letter

Yes - had verbal discussions but no resolution

No - haven't tried to resolve yet

Question 6 of 6

Has the contractor filed or threatened a mechanics lien?

Yes - a mechanics lien has been filed on my property

Yes - contractor threatened to file a lien

Received a preliminary 20-day notice

No lien issues

✅

You Can Likely Handle This Yourself

Based on your answers, Small Claims Court and administrative remedies are good options for your dispute.

Recommended DIY Steps:

File complaint with CSLB (Contractors State License Board)
Send a formal demand letter with specific amount and deadline
Gather evidence: photos, contract, receipts, communications
File in Small Claims Court (up to $12,500)
Check contractor's license status at cslb.ca.gov

📝 Create Demand Letter 🔗 File CSLB Complaint

⚖

You Should Consult a Construction Attorney

Your situation involves significant money, structural issues, or lien complications that require professional help.

Why You Need an Attorney:

Damages exceed Small Claims Court limit of $12,500
Structural defects may involve latent defect claims
Mechanics liens require specific legal procedures to resolve
Unlicensed contractor claims have special recovery rules
May need expert witnesses for construction defect cases

Book $125 Consultation 🕵 Find Construction Lawyer 📝 Create Demand Letter First

🤔

Start with CSLB and Demand Letter

Your case could go either way. Try administrative remedies first before hiring an attorney.

Recommended Approach:

File a complaint with CSLB - they mediate disputes
Send a formal demand letter with clear deadline
Get repair estimates from other licensed contractors
Consider a consultation with a construction attorney
If damages are borderline, consider Superior Court over Small Claims

📝 Create Demand Letter 🕵 Check CSLB Resources

Understanding Contractor Disputes in California

California heavily regulates contractors through the Contractors State License Board (CSLB). Understanding your rights and remedies can help you recover damages without necessarily hiring an attorney.

Common Contractor Problems

Abandoned Projects: Contractor takes money and disappears or stops work mid-project
Defective Work: Poor workmanship, code violations, or work not matching contract
Unlicensed Work: Contractor doesn't have valid California license (over $500 work requires license)
Overcharges: Billing for work not performed or exceeding estimate without approval
Mechanics Liens: Contractor or subcontractor files lien against your property

Unlicensed Contractor? You Have Special Rights!

Under California Business & Professions Code 7031:

Unlicensed contractors cannot sue you for payment
You can recover all money paid to an unlicensed contractor
Check license status free at cslb.ca.gov

DIY vs. Hiring a Lawyer: Cost Comparison

Approach	Cost	Best For
CSLB Complaint	Free	Licensed contractor violations, mediation
Demand Letter	Free (DIY)	Documented disputes, recovery attempts
Small Claims Court	$75-100 filing fee	Claims up to $12,500
Limited Civil Court	$370+ filing + attorney	$12,500-$25,000 claims
Construction Attorney	$300-500/hour or contingency	Large claims, structural defects, liens

⚠ Mechanics Lien Deadlines Are Strict!

If a contractor or subcontractor has filed a mechanics lien:

Homeowners - You can demand contractor release invalid lien within 10 days
Contractors - Must file lawsuit within 90 days of recording lien
Wrongful Liens - You may recover attorney fees and damages

Mechanics lien issues are complex - consider attorney consultation if one is filed.

What Damages Can You Recover?

Cost to Complete: What another contractor charges to finish the abandoned work
Cost to Repair: Expenses to fix defective workmanship
Diminished Value: If defects reduce your property value
Overpayments: Money paid for work not performed
Unlicensed Recovery: All payments made to unlicensed contractor
Consequential Damages: Hotel costs if home uninhabitable, etc.

Steps to Build Your Case

Check license status - Search at cslb.ca.gov (unlicensed = stronger case)
Document everything - Photos, videos, contract, receipts, all communications
Get repair estimates - At least 2-3 written quotes from licensed contractors
Send demand letter - Put contractor on notice with specific amount and deadline
File CSLB complaint - Creates official record and may trigger investigation
Consider Small Claims - For amounts up to $12,500, no lawyer needed

California's Right to Repair Act

For residential construction defects, California Civil Code 895-945.5 (SB 800) requires:

Written notice to builder/contractor before filing lawsuit
Builder has right to inspect and offer to repair
Specific standards for different building components
Statutes of limitations vary by defect type (1-10 years)

Related Resources

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