Unconscionable Clauses Riddle The Fine Print
Clauses Likely Violate Business & Professions Code
Consumers Have Rights Enforced Through CSLB
We have a copy of WICR’s Contract that was part of Bedros vs WICR lawsuit filed in San Bernadino County. We reviewed it and screenshot a number of clauses in the contracts fine print.
Click here to see amended complaint BEDROS COMPLAINT with WICR’s CONTRACT
My opinion is the WICR contract probably violates the Business & Professions laws enforced by CSLB and with such unconscionable clauses, probably violated the oath attorneys make to not write clauses that place a consumer in jeopardy or reduces their rights under state law or places them in a weaker position than the entity that wrote the contract.
My advice is DO NOT SIGN ANY CONTRACT FROM WICR!
If you have signed a contract, file a complaint with CSLB immediately. Protect your rights. Send them the contract, include payment information-did you give them more than $1,000 down when you signed the contract? That’s probably illegal if you did and CSLB will enforceable action against WICR. Does anyone at WICR make you feel intimidated or concerned? If they have, CSLB should know, and possibly your police department too! Log onto the CSLB website and download consumer rights bulletins, complaint forms etc. Be informed, be proactive.
You might also think about filling a complaint with the state bar if Lindborg and Drill wrote or reviewed the wicr contract. Any good attorney would adviser client to not include unconsinouble clauses.
It appears there is a pattern emerging here where WICR has been accused of doing poor work, they use their attorney and “expertise” in claiming something other than their fault has caused the problems and attempts to deflect liability. If that sounds like your case, please contact us here, we want to hear your story and publish it.
Highlights of WICR’s dirty clauses
Required clauses in contracts such as informing contractors of their rights must be in every contract. However, WICR sneaks in deception where they say “If you file a complaint against a licensed contractor within the legal deadline (usually 4 years)…”
Well no, the consumer has up to 10 years if it is a latent (hidden damage or faulty work that can’t be be seen by a layperson) and four years of it is visible and obvious to even a layperson.
WICR’s contract attempts to make the owner responsible for obtaining building permits. CSLB doesn’t allow that, the contractor is responsible for obtaining a permit. They may however charge you their costs to obtain the permit and the cost of the permit.
Indemnification & Defense
If there is only one reason not to sign the WICR contract, this is it. You would, if this is even enforceable, be liable to defend WICR for all sorts of things beyond your control, even after the job is done and you’ve paid them in full!
Limitations & Liability
Here WICR inserts language that gives you 6 months to make a claim after the work is done and seeks to take away your right to sue by requiring arbitration.