Legal Question in Construction Law in California

Breech of agreement

I own a power wash business. The manager of the local holiday Inn hotel signed an agreement to pay me $1,800.00 to wash the exterior of the hotel. I worked on the project for 5 hours the first day and rented a boom lift for $175.00.

The next day I arrived to work and found the managers maintyenance man doing my work. The manager said he decided to perform the work with his own people to save money. I sent a demand letter for liquidated damages in lieu of specific performance. He denied my demand. Keep in mind, I have not recieved any form of payment from this man. I plan to sue however I have one concern. I am not a licensed contractor.

Question: Will the fact that I am not licensed preclude me from having any rights to sue?


Asked on 9/18/08, 2:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Breech of agreement

Sorry, but 'duh'. An unlicensed contractor can't collect his bill for work requiring a license, where a handyman doing limited work can. If you present this service through your ads, cards, letterhead, estimates, bids, etc., as though you are a 'contractor' business, then you have a problem. If they won't pay you, there is no easy answer, other than to sue in small claims and hope for the best. The question is: is this work that requires a license? Contact the state contractor's license board and ask them for an opinion. You need to know for the future. I speculate that it does not require a license.

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Answered on 9/18/08, 8:33 pm


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