want to cancel a construction contract

[suecheung]

I signed a contract with a contractor to build a garage in my property. Building permit has been obtained and construction will commence in September. However, I discovered that the contractor cheated me from day one, so I want to cancel the contract and hire someone else. There is no provision on cancellation on the contract. Can the contractor sue me or file a mechanic lien on my property?What is the name of your state (only U.S. law)? CA

 

[HomeGuru]

I signed a contract with a contractor to build a garage in my property. Building permit has been obtained and construction will commence in September. However, I discovered that the contractor cheated me from day one, so I want to cancel the contract and hire someone else. There is no provision on cancellation on the contract. Can the contractor sue me or file a mechanic lien on my property?What is the name of your state (only U.S. law)? CA

**A: he can sue you but since he did not start the work yet or expended any monies, he has no claim to a lien.

 

[CraigFL]

I would like to hear why you think he cheated you.

 

[suecheung]

Why I think the contractor cheated?

To make a long story short…In Dec ‘08, I hired him to build a two-story garage in place of the old one. Initially, I paid him $1,000 for retainer’s fee, $4,500 for the architectural plan. When his architect completed the plan, I paid him $600 to submit for a plan check. After the plan check, he said the plan checker required a soil report, but he couldn't find a soil engineer. He suggested to build them side-by-side (instead of two-story), so I would not need a soil report. I didn’t like the idea because it would take up a portion of my lawn, and settle for a smaller garage and playhouse…eventually I agreed. The contractor drawn the new plan himself and didn’t charge me. I paid for the plan check and the building permit. After that, I signed the contract with him.

Last week, I called his architect and found out that the contractor paid him only $2,500. Also the architect has a soil engineer available. The contractor lied about not finding a soil engineer and tricked me into building something that I don’t want. I suspect the contractor is not capable of building a two-story structure.

 

[HomeGuru]

Why I think the contractor cheated?

To make a long story short…In Dec ‘08, I hired him to build a two-story garage in place of the old one. Initially, I paid him $1,000 for retainer’s fee, $4,500 for the architectural plan. When his architect completed the plan, I paid him $600 to submit for a plan check. After the plan check, he said the plan checker required a soil report, but he couldn't find a soil engineer. He suggested to build them side-by-side (instead of two-story), so I would not need a soil report. I didn’t like the idea because it would take up a portion of my lawn, and settle for a smaller garage and playhouse…eventually I agreed. The contractor drawn the new plan himself and didn’t charge me. I paid for the plan check and the building permit. After that, I signed the contract with him.

Last week, I called his architect and found out that the contractor paid him only $2,500. Also the architect has a soil engineer available. The contractor lied about not finding a soil engineer and tricked me into building something that I don’t want. I suspect the contractor is not capable of building a two-story structure.

**A: file a compliant with the contractor's license board.