Legal Question in Business Law in California

Re: Residential Remodel Contractors

Is the contractor licensed? Unlicensed persons don't have much of a leg to stand on in making and enforcing claims for work for which a license is required. Jobs under $500 are largely exempt, however, but even so the unlicensed person must give the purchaser of the work written notice. Doing non-exempt contractor work without a license is a misdemeanor.

Business and Professions Code section 7159 requires home improvement and swimming pool contracts to be in writing, and imposes requirements on the contents of the contract. If the contractor was licensed and failed to comply with the written-contract requirements (which you can read at your county law library), you have a better shot at negotiating successfully or winning a lawsuit. However, be warned that failure to comply with B&P 7159 does not mean the contractor is unable to collect. California courts have in the past awarded fair value to contractors on oral contracts.

If you are served with a lawsuit (summons and complaint) or any kind of lien, you should see an attorney at once.