合同与履行第 698 / 1632 题

A contractor structures a home improvement contract so that each progress payment is due 'as work proceeds.' Under §7159, each progress payment must:

a.Be collected only on completion of the project taken as a whole
b.Not exceed the value of work performed or material delivered
c.Be at least $5,000 for the whole payment schedule to be enforceable
d.Equal exactly one-third of the total price stated in the contract

解析

B&P §7159.5(a)(5) bars the contractor, downpayment aside, from requesting or accepting payment exceeding the value of the work performed or material delivered, so 'as work proceeds' is lawful only if the amounts actually track the work. §7159.5(a)(4) is the companion requirement: where payments fall due before completion, the contract must carry a schedule of payments in dollars and cents specifically referencing the work or services to be performed and the materials and equipment to be supplied. A schedule saying only 'as work proceeds' fails that on its face. (c) and (d) invent arithmetic the statute never uses — there is no minimum instalment and no thirds rule. (a) is the opposite error: nothing requires the contractor to finance the job, and progress payments up to the value in place are exactly what the statute allows.

法律依据: Bus. & Prof. Code §7159.5(a)(4)-(5)

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