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ADU Contract Red Flags Before You Sign.

Warning signs in an ADU construction contract: payment terms, missing license numbers, vague scope, change orders, and a checklist to review before signing.

Last reviewed 4 sources 4 min read

A house under construction
Photo: Tract house construction, Orange County, 1955 by Orange County Archives, CC BY 2.0, via Openverse (flickr).

The contract is where an ADU project is won or lost. A good one spells out what is built, what it costs and when you pay. A bad one leaves gaps that tend to be filled in the builder's favor. This guide lists what to look for before you sign.

LA ADU Guide is an information site, not a law firm or a contractor. This is not legal advice. For a contract dispute or a review of your own contract, talk to an attorney.

Start with the law

CSLB says "building an ADU is considered a home improvement project under the Contractors State License Law." That means the home improvement contract rules apply. CSLB says a written contract should include:

  • Scope of work
  • Project timeline
  • Payment schedule
  • Materials and finishes
  • The contractor's license number
  • Notice of cancellation rights

If any of these is missing, ask for it before you sign. Verbal promises, in CSLB's words, offer "little to no legal protection if a dispute arises."

Red flags by topic

TopicRed flagWhy it matters
Down paymentMore than $1,000 or 10 percent of the contract price, whichever is lessBusiness and Professions Code 7159 sets this cap
PaymentsMoney due before the work is doneCSLB says payments "must reflect the actual work completed or materials delivered"
LicenseNo license number, or a name that does not match the CSLB recordSee how to check a CSLB license
ScopePhrases like "per plans" or "standard finishes" with no listYou cannot hold anyone to a vague promise
TimelineNo start date, end date or milestonesDelays then cost you
CancellationNo notice of your right to cancelCSLB says three days from signing, five days if you are 65 or older, seven in disaster zones
Change ordersNo written process or pricing ruleExtras can add up quickly
PermitsUnclear who pulls them or pays feesSee the ADU permit process
AllowancesLarge "allowance" lines for items you chose laterOverages come out of your pocket
Pressure"Sign today for this price"A real price should hold while you review it

Payment red flags in detail

CSLB's 2024 ADU payments release repeats the down payment cap. Do not pay a contractor for plans unless you know they have paid for them first. Ask for an accounting or contact the designer. Document each payment and keep receipts.

CSLB's fact sheet gives a sample schedule for illustration only. It spreads payments across milestones from mobilization to the punch list, with the smallest amounts at the start and the end. Use it to see how a fair schedule is shaped. It is not a rule.

If you borrow for the build, your lender may release money on its own schedule. Make sure the loan and the contract line up. See ADU construction loan vs HELOC.

Scope and cost red flags

  • A price that is far below other bids with no explanation. Get at least three bids on the same scope. See ADU cost in Los Angeles.
  • No mention of utilities, site work, soil or drainage, which often drive cost.
  • Fees and permits "to be determined" with no cap or process. See impact fees and utility connections.
  • No line for the final inspection and certificate of occupancy.
  • Subcontractors not identified.
  • No clear warranty terms.

Other warning signs

CSLB warns against "unlicensed individuals offering cash deals or vague estimates." Add these:

  • The builder will not show a license, insurance or references.
  • A contract signed by someone other than the licensed business.
  • Blank spaces left to be filled in later.
  • Terms that waive your right to a final walkthrough or to withhold payment for unfinished work.
  • Mandatory arbitration or fee clauses you have not read. Ask an attorney what they mean.
  • Required use of the builder's own lender with no option to compare.

Review checklist

  • [ ] License active, class matches the work, name matches the contract
  • [ ] All six CSLB contract items present
  • [ ] Down payment no more than $1,000 or 10 percent, whichever is less
  • [ ] Payments tied to completed work
  • [ ] Detailed scope, with materials and finishes listed
  • [ ] Start date, end date and milestones
  • [ ] Who pulls permits and who pays each fee
  • [ ] Written change order process
  • [ ] Final punch list before the last payment
  • [ ] No blanks, and every verbal promise written in

If you have already signed

Check the cancellation window first. Then contact CSLB at 800-321-CSLB (2752) with questions or complaints about a licensed contractor or unlicensed work.

What to remember

  • Never sign a contract with blanks or without a license number.
  • Keep the down payment within the legal cap and payments tied to progress.
  • Put every promise in writing, including who handles permits and extras.

See also questions to ask an ADU builder and the hiring an ADU builder hub.

Sources

  1. CSLB Fast Facts: Tips for Building a Residential ADU (Rev 11/2025)
  2. CSLB press release: ADU payments (2024)
  3. California Business and Professions Code, sections 7159 and 7159.5
  4. CSLB Industry Bulletin: Progress Payment Restrictions (2022)