Contracts & ExecutionQuestion 651 of 1632

Bus. & Prof. Code §7159 requires home improvement contracts to include the approximate dates when work will begin and when it will be substantially complete. If the contractor fails to commence the work within a reasonable time from the agreed start date, the consumer's primary remedy is to:

a.Complain to the district attorney's fraud unit after six months
b.Treat the unjustified delay as a material breach and rescind
c.Wait for the original completion date before any remedy ripens
d.Ask the Registrar to order the contractor to refund the deposit

Explanation

B&P §7159(d)(10) and (d)(11) make the approximate start and completion dates required contract terms, so failing to start within a reasonable time is a breach of the contract itself — a material one that supports rescission, and conduct the CSLB may also pursue as abandonment under §7107 or failure to complete under §7113. Nothing requires a consumer to wait six months to complain, or to wait out the original completion date when the contractor never started. And the Registrar disciplines licensees; restitution comes through a disciplinary order, the license bond or a court, not on request.

Law Reference: B&P Code §7159(d)(10)-(11); §7107; §7113

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