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:
Explanation
Under Bus. & Prof. Code §7159(c)(3)(B)(iv), the home improvement contract must state approximate dates of commencement and completion, and §7107 makes 'abandonment of any construction project or operation without legal excuse' a ground for license discipline. §7113 (failure to complete a project for the price stated) and §7116 (willful or fraudulent acts) provide further enforcement teeth. Courts and the CSLB therefore treat an unjustified failure to start within a reasonable time as a material breach. There is no automatic state forfeiture of the down payment, and the consumer need not wait for the original end date — commencement within a reasonable time is itself a contractual obligation under §7159.
Law Reference: Bus. & Prof. Code §7159(c)Practice all 690 questions free — no signup required.
Related questions on this topic
- Under Bus. & Prof. Code §7159, a residential home improvement contract for $500 or more must include, in close proximity to the signature line, a notice informing the owner of the right to:
- A change order on a home improvement contract is enforceable only if it is:
- Under Bus. & Prof. Code §7191, a residential construction contract that contains a binding arbitration clause must:
- A residential remodel contract for $80,000 includes a binding arbitration clause and, in addition, a separate mandatory mediation clause. Under Bus. & Prof. Code §7191, what is required for the MEDIATION clause specifically (as distinct from arbitration)?
- Under California's Right to Repair Act (Civil Code §895 et seq., enacted by SB 800), what is the general statute of limitations for a homeowner to bring a construction defect claim against the builder for a function/use defect not otherwise specified?
- Under the SB 800 Right to Repair Act, before a homeowner may file a construction defect lawsuit, they must generally:
Last reviewed: · editorial process