Legal Question in Business Law in California

contractor's license for corporate sub-division

new calif. corp. accepted 1/2002. Fed id 6/2001. in

9/2001 agrees to subdivision status under working

contractor/corp and his B1 license. B1 is on board of

new corp. Enters informal 25point things to do contract

with owner/developer in 12/2001. Courtyard tile,

electrical, landscape. No terms, no time, just 25 things

to do. Owner refuses final 3k of 17k contract. Makes

demands exceeding industry standards, product

standards, and city code.Do they have contractor/owner

relationship? Do they have mechanic/owner

relationship?


Asked on 5/05/02, 12:14 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: contractor's license for corporate sub-division

An agreement may be an enforceable contract even though some of the terms are missing. If it is clear that the parties intended to make mutual promises, a court will supply the missing terms by inserting reasonable provisions after listening to the evidence.

If the supposed contract is too vague to show agreement or give some clues as to the parties' intended terms, the person who got the benefits may still be obligated to pay the fair value of the benefits to the other under an 'implied contract' theory.

If the party providing the services lacks a necessary license, that may be a defense to a suit for payment.

The facts you supplied are too jumbled and incomplete to even tell who the parties are, much less what happened.

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Answered on 5/05/02, 8:24 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: contractor's license for corporate sub-division

Your question is too garbled and is not fully understandable. When asking a legal question, you need to give sufficient facts, not take shortcuts in your question.

Bottom line is, whatever the contract calls for is what must be done, and no more.

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Answered on 5/05/02, 3:23 am


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