Smith hired Jones Construction to build a detached garage on her property accord

Question

Smith hired Jones Construction to build a detached garage on her property according to certain specifications for $15,000. The contract called for Smith to pay Jones $5,000 “up front,” to disburse an additional $5,000 at various stages of the construction, and to make a final payment of $5,000 at completion of construction. Jones built the garage but Smith complained that Jones’s workmanship was substandard and that Jones had failed to build the garage to the specifications provided in the contract. Smith refused to make the final $5,000 payment. After Jones threatened to sue Smith for the $5,000, the parties came to an agreement that Smith would pay Jones $1,500 and Jones would accept the $1,500 as full payment of the contract. Smith paid Jones $1,500, making clear that it was for full payment of the contract, and Jones accepted the payment. Who is liable to whom for what if Jones decides to sue Smith in small claims court for an additional $3500? Who is liable to whom for what if an inspector for Smith’s locality finds the garage is not built to code specifications and orders it to be torn down and rebuilt correctly?

Explanation / Answer

Answer :-

If a private business or landlord discriminates against you because of your disability, you can sue them in federal court or state court or you can file an administrative claim with a federal or state agency. But, if your claim is for $10,000 or less, you can sue in small claims court. The small claims process is quick and cheap. The rules are simple and informal. And, you don’t need a lawyer.

California law says if a business open to the general public, like a restaurant, hotel or medical office, discriminates against you because of your disability, you can sue them. A federal law called the American with Disabilities Act (ADA) also protects you.

There are three main California laws that protect you: - Section 51 of the California Civil Code (the Unruh Civil Rights Act) protects you if a business treats you worse than it treats others without disabilities.

Section 54.1 of the California Civil Code protects you if a business makes it hard for you to enter or get around a public area (like an inaccessible door or restroom). This section also protects you if a business stops you from using goods or services because of your disability. For example: not letting you use your service animal, or, does not give you the same service other customers would get. This section also does not allow landlords and other housing providers to discriminate against you based on your disability.The Fair Employment and Housing Act (FEHA), makes it unlawful for any housing owner to discriminate against or harass any person because of their race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, or disability.

The ADA, specifically Title III, does not allow businesses open to the public (such as restaurants, hotels, grocery stores, retail stores, and privately owned transportation systems) to discriminate against you based on your disability. Title III of the ADA also requires that these businesses be accessible to people with disabilities. Title II of the ADA has similar requirement for state and local government services and facilities. The Fair Housing Act (FHA) protects against discrimination in renting and buying a house. The FHA states that discrimination includes a refusal to make reasonable accommodation to rules, practices or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.Similarly, the FHA requires landlords to permit reasonable modifications of the premises and of the rules (when needed to afford such equal opportunity to use and enjoy the dwelling).

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