Contracts & ExecutionQuestion 62 of 1632

A contractor abandons a job without justification after receiving a substantial deposit. The contractor may face:

a.A civil fine from CSLB, but no risk to the license itself
b.An order to refund the deposit, with no discipline to follow
c.License suspension or revocation and criminal charges
d.A warning letter and a note placed in the license file

Explanation

Abandonment of a project without legal excuse is by itself a cause for disciplinary action under B&P §7107, so suspension or revocation is on the table; and a deposit taken for the work and spent elsewhere can be prosecuted under Penal Code §484b as diversion of construction funds, a misdemeanor at $2,350 or less and punishable more heavily above that. A fine that leaves the license untouched, a bare refund order, and a warning letter each stop short of the license discipline §7107 authorizes.

Law Reference: B&P Code §7107; Penal Code §484b

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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