Legal Question in Business Law in California

Re: Better Business Bureau

Yes I believe you could. Any contractor this bad should also lose his state contractor's license. Actually, the contractor's license is a big hammer you can hold over him. You might have to commence a legal action to get things rolling, but it should not be a big deal. I hope you didn't pay him too much.

Re: Better Business Bureau

The heading "Business Law" is OK; a better choice might have been "Construction Law" because the attorneys that answer questions under that heading have more expertise in the area of contractor licensing and liability, possible mechanic's liens, proceeding against a contractor's bond, and that sort of thing.

Nevertheless, you could probably get a judgment for either breach of contract or negligence, or both.

Your question doesn't say whether you have a written agreement or bid of any kind, or whether the guy is licensed. Probably not licensed. Painting houses without a license is illegal. You also didn't say whether you had paid the full contract price or whether the painter claims he has anything due him. All these factors might bear upon your strategy at this point, so if you re-ask your question under Construction Law, be sure to include that information (possibly shortening up the description of the painter's personal shortcomings).

I would say that if your damages are less than $7,500 (or don't exceed $7,500 by very much), you consider Small Claims Court, where you'll get a speedier result at lower cost, albeit requiring some of your time to learn how to prepare, serve, file and present your case.

Another problem is that even if you get a favorable decision (i.e., a money judgment in your favor), you are likely to have a hard time collecting. Maybe you'll be lucky and the guy owns real estate with some equity in it. More likely than not, this dodo is a tapped out, penniless druggie.

A suggestion would be to buy a self-help law book on how to win in California Small Claims Court. You can tell if it is an up-to-date edition by whether it says the dollar limit is $7,500, or still says $5,000 is the max for which you can sue.