What Are My Options?

[Sweett33]

What is the name of your state (only U.S. law)? California

I hired a contractor and gave him numerous opportunities to complete contract, he did not. I acquired bids of cost to complete his contract sent him an itemized list with settlement check. He cashed check, then when asked for proof of lien removal if filed, he filed lawsuit against me. At small claim case the judge accepted his invalid change orders as our contract and would not hear facts of what our true contract agreement was. I filed appeal and new judge heard from contractor, then from me as to the true contract and opportunities given contractor to finish job. I offered pictures to prove job not completed, and stated contractor was overpaid and made errors with his figures in his favor and offered to show examples. Contractor spoke again and I was not allowed to a rebuttal and did not give examples of how contactor was already overpaid. Appeal judge let judgment against me stand. Do I have recourse? If I can still act, is there a time limit (decision was mailed out to us two weeks ago) Should I file a complaint with CSLB? Should I contact the bond company of the contractor or does the court decision prevent me from doing that? Do I need an attorney to insure lien is properly removed, and who can insure important factors in case are addressed which prove contractor is not entitled to money and actually owes me!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[HomeGuru]

Originally Posted by Sweett33

What is the name of your state (only U.S. law)? California

I hired a contractor and gave him numerous opportunities to complete contract, he did not. I acquired bids of cost to complete his contract sent him an itemized list with settlement check. He cashed check, then when asked for proof of lien removal if filed, he filed lawsuit against me. At small claim case the judge accepted his invalid change orders as our contract and would not hear facts of what our true contract agreement was. I filed appeal and new judge heard from contractor, then from me as to the true contract and opportunities given contractor to finish job. I offered pictures to prove job not completed, and stated contractor was overpaid and made errors with his figures in his favor and offered to show examples. Contractor spoke again and I was not allowed to a rebuttal and did not give examples of how contactor was already overpaid. Appeal judge let judgment against me stand. Do I have recourse? If I can still act, is there a time limit (decision was mailed out to us two weeks ago) Should I file a complaint with CSLB? Should I contact the bond company of the contractor or does the court decision prevent me from doing that? Do I need an attorney to insure lien is properly removed, and who can insure important factors in case are addressed which prove contractor is not entitled to money and actually owes me!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

**A: yes, you need an attorney.

[jhlwstdnt]

What you should do, is look up the guy at [url=http://www.cslb.ca.gov]Contractors State License Board[/url], in there, you will find who his bonding (surety) company is, file a complaint with them and also file a complaint with the CSLB right away. The CSLB is probably jammed up right now, but the surety company will respond immediately. Just make sure you have your facts together.

If the scope of work was a remodel, you could be awarded damages up to $12,500.