Legal Question in Construction Law in California

we had custom built cabinets made for our kitchen. We wanted them painted white. The cabinet maker highly recommended the painter. when the cabinets were delivered they were painted the wrong color. we held back the final payment. the painter was very angry as a result of this. He doesnt want to correct the color but he wants his final payment. Since all of this has happen, we learned that the painter that the cabinet maker referred to us, is not even a license painter. In good faith we trusted the referral of the cabinet maker, we had worked with him for about 9 months designing the cabinets. we assumed he was licensed. What role, if any does the cabinet maker play in this? By the way we have no contract with the painter or the cabinet maker.


Asked on 9/20/09, 7:17 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

If the painter is not licensed, and he did not perform to the terms of the contract, oral or written, then don't pay him. If he sues you, he'll lose because he's got no license. Can't sue without a license. That's the punishment for not having a license. If the job is worth less than $500.00, you may have an issue where the painter may have standing to sue you, but if he didn't paint the cabinets the correct color, it's a breach of contract, and you don't have to pay. You'll win the lawsuit. Good luck.

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Answered on 9/20/09, 8:23 pm


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