Menu
Home>Levelset Community>Legal Help>Who determines if a contract is unenforceable?

Who determines if a contract is unenforceable?

CaliforniaConstruction Contract

The unsigned invoice/contract we received is in clear violation of California's strict contract laws regarding information that must be included on a contract. It does not have the start/stop date, 3-day right to cancel, and other consumer information, etc. Who determines if the contract is unenforceable. We made a claim with the CSLB, but they are only interest in imposing fines and not in helping us build our case for small claims.

2 replies

Oct 10, 2019
The two avenues you would have, both of which can be pursued simultaneously, is with the CSLB and with the courts.  The CSLB would have jurisdiction to determine if the laws and regulations it enforces have been violated and the courts would have the same jurisdiction in addition to the authority to award damages.
0 people found this helpful
Helpful
Oct 10, 2019
Mr. Murai is correct.  We wrote an article about this topic a few years ago and as you can see, just because the contract does not comply with the home improvement statutes does not necessarily mean that it is "unenforceable" or "void."  The courts have looked at the sophistication of the homeowner to determine whether it would deem a nonconforming contract as void, but may still award the contractor the reasonable value of its labor and materials furnished (if any in your case).  https://www.gibbsgiden.com/wp-content/uploads/2018/07/Be-Very-Careful-Drafting-Home-Improvement-Contracts-in-CA-2013.pdf
0 people found this helpful
Helpful