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Invoice vs. Contract

California

We signed an invoice that was missing mandatory HIC language, important spec. details for the scope of work, and consumer rights information. We have never received a signed "invoice." The installation was done poorly and the are damages to our home. Is someone able to look at the invoice and see if it qualifies as a legal contract. The contractor claims it is a contract, simply because I signed it and because I let them into our home to do the work.

3 replies

Aug 22, 2019
As far as the poor installation and damage to your home, you may consider filing a claim against the contractor's license bond and/or filing a complaint with the license board if your contractor will not rectify the issues. It does sounds like you have a non-complaint HIC contract. It is possible that the contract is voidable, but it is also possible that the contract is still enforceable although you have quite a bit of leverage. We did an article about this a few years ago that might be insightful. https://www.gibbsgiden.com/wp-content/uploads/2018/07/Be-Very-Careful-Drafting-Home-Improvement-Contracts-in-CA-2013.pdf Best, Chris
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Aug 22, 2019
Yes, I have already filed a claim against their bond and with the CSLB. While the CSLB may"fine" them, I am more worried that the bond company does not use the same guidelines and laws against the contractor. While the bond company claims they are neutral, we don't see why they would side with a homeowner, if they feel the contractor won't pay the bond company back. Additionally, I don't know what I need to win in small claims court.The contractor is taking me to court for the remaining balance.
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Aug 22, 2019
You should speak with a construction lawyer ASAP. He or she will have some valuable insight and be able to guide you through the process.
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