Legal Question in Business Law in California
Small Bus Contract Law
My parents own a business in LA County. They consciously hired a man without a license (he had one at one point but neglected to pay the required fee, or so he told my parents) to tile the floor as well as a couple feet of the wall. He was highly recommended by a neighboring business owner. Well the man�s shoddy work was not approved by the health inspector. My parents have asked him to repair the sub par workmanship and he has denied their request. Therefore, my parents� conviction to sue in small claims court for wages paid as well as the cost of having someone else do the work may create a dilemma due to the unlicensed man. They fear repercussions in perhaps fines for hiring someone unlicensed or a case dismissal. Please help. Thanks.
2 Answers from Attorneys
Re: Small Bus Contract Law
His violation of the contractor licensing laws would affect his right to sue you, not the other way around. The usual way that hiring an unlicensed contractor comes around to bite you is when one of the contractor's employees is injured and the unlicensed contractor didn't have workers' comp insurance, then the injured worker would sue you. This is (hopefully) not the case here. Have fun in small claims court.
Re: Small Bus Contract Law
You might think honesty is not the best policy in business but usually it is. As a business decision they must determine how much they will tell their customer. If his work with shoddy they are his responsible as their employee. They have to own up to it any which way. Therefore, just come clean with the owner and have a licensed contractor who they hire repair the shoddy work. If it is within the parameters a small claims than let them go in and take their chances. They are in a bad position and there's nothing they can do about it. They can deal with it differently in court if they are properly prepared by an attorney. Alternative manners of presentation may be beneficial for them and not allow for a dismissal. They are not going against a subcontractor but an employee who did shoddy work. Therefore, how they present this is substantially important applicable to the courts holding.I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000.
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