A consumer home-improvement contract includes a clause forcing the homeowner to pay all of the contractor's attorney fees in any dispute, while barring the homeowner from recovering her own. Under Civil Code §1670.5, a court reviewing this provision may:
Explanation
Civil Code §1670.5(a) lets a court that finds a clause unconscionable as a matter of law refuse to enforce the contract, enforce the rest of it without the clause, or so limit the clause's application as to avoid an unconscionable result. That both parties signed is not an answer: unconscionability is a doctrine about signed contracts. The statute lets the court decline or narrow the clause, not redraft it into a mutual fee provision the parties never agreed to. And §1670.5 is a question of law for the court, not something routed to a CSLB arbitration first.
Law Reference: Civil Code §1670.5(a)This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- On a private works project, when a valid Notice of Completion IS timely recorded, a direct (prime) contractor must record its mechanics lien within how many days under Civil Code §8412?
- A drywall subcontractor on a private works project finished its scope on March 1, the same day the work of improvement was actually completed. No Notice of Completion has been recorded. Under Civil Code §8414, the LATEST date the subcontractor may record a mechanics lien is approximately:
- Work on a private project ceases for 35 continuous days due to a financing dispute. The owner records a Notice of Cessation under Civil Code §8174. What is the effect on subcontractor lien deadlines?
- A general contractor receives a joint check made payable to BOTH the subcontractor and its material supplier. Best practice in California is for the GC to:
- A prime contractor receives a $200,000 progress payment from the owner. The subcontract calls for $40,000 to a plumbing sub for completed work that was approved in the payment. Under B&P §7108.5, the prime must pay the sub within how many days of receipt?
- A subcontractor on a private project completes its work and the prime contractor withholds 5% retention. The owner has accepted the project and released all retention to the prime. Under Civil Code §8814, the prime must release the sub's retention within how many days?
Last reviewed: · editorial process