OT: Anyone know a good lawyer? Options

[chunger]

hey guys,

Construction troubles. Need a lawyer to consult with about sub-contractor gone wrong. I have a solid case and am trying to settle up the small amount of money involved. . . (under $4000) but would like to consult with someone to make sure I'm on the right track and that I indeed have a claim, and indeed he violated 2 sections of California Business and Professions Code.

Please let me know if you are a lawyer and do this kind of little stuff. . . or if you have any good leads to someone I can talk to about it. This isn't a project buster, as I've already lined up my own crew to finish the job at a considerable savings, but it's set me back time-wise and is agrivating (IMG:style_emoticons/default/Yack.gif)

thanks,
'Chung

(IMG:style_emoticons/default/ar15.gif) (IMG:style_emoticons/default/ar15.gif) (IMG:style_emoticons/default/ar15.gif)

[chunger]

Not a true sub contractor. We had contract for him to do HVAC, insulation installation only (I supply materials), steel resilient channel, and double layer drywall.

Long story short is he has been in for a total of 2 days with 1 employee for the entire project. I personally had to finish insulation w/ my worker. . . which is the only phase of the project that is finished. He's walked off the job 2x without prior or post communication. I've decided I need to move forward, and he is not able to do the job at this point (lack of employees). It takes 3 people to do this kind of sheetrock.

I gave a $6000 initial payment which was illegal of him to request.

BUSINESS AND PROFESSIONS CODE SECTION 7159(d)
If the payment schedule contained in the contract provides for
a downpayment to be paid to the contractor by the owner or the
tenant before the commencement of work, the downpayment may not
exceed two hundred dollars ($200) or 2 percent of the contract price
for swimming pools, or one thousand dollars ($1,000) or 10 percent of
the contract price for other home improvements, excluding finance
charges, whichever is less.
(e) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. In no event may the payment schedule
provide for the contractor to receive, nor may the contractor
actually receive, payments in excess of 100 percent of the value of
the work performed on the project at any time, excluding finance
charges, except that the contractor may receive an initial
downpayment authorized by subdivision (d).

Currently, we are trying to settle on how much he will refund me.

He claims $4200 in expenses.

I claim no way, you've only been on the job 2 days in the entire process. I'm not going to give you $1000 profits when I've had to do all the work so far. Because I had to get my worker to come in and do the work, or do the work personally so far, I know all the labor/materials breakdowns. He is demanding to get paid premium over the top of his expenses.

I've offered him a settlement of $2500 refund, and I think that's pretty generous since it gives him an outright profit on the deal of over $800 which my wife thinks is wayyyy too generous. So, I'm waiting again for him to respond.

-'Chung