Legal Question in Construction Law in California

Cabinets

I am a cabinet manufacture who

does not install on site at all. I am

being sued because they claim I need

a contractors license to build

cabinets. I have a deposit on a

kitchen and now five months later

with lots of labors spent since the

order was placed. I am being sued

because I am asking to be paid for

my labors spent at my shop in regard

to their project. Their entire suit is

built upon their assumption that I

need this license to do work. What is

the real law around this. Ive been

doing this for twenty years and never

had this come up before.


Asked on 11/10/08, 12:13 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Cabinets

If you weren't being sued, I'd tell them to pound sand, as the saying goes. Now that you are, defend it through counsel that knows what he's doing. There is no license required to sell your product, any more than they could claim the local lumber yard needs one to sell from their store.

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Answered on 11/10/08, 1:44 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Cabinets

The business and professions code defines "contractor" pretty broadly. However, if you are only selling a finished product then you have an argument that you are not a contractor. However, it will not do you any good to make such arguments on your own. If you are being sued then you need an attorney. Otherwise, you can be right and still lose in court. Let me know if you want me.

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Answered on 11/10/08, 12:40 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Cabinets

You are not the first cabinet maker to ask a similar question on this site. I answered one about six years ago from a guy who built them in his shoop then installed them at the client's home. It was my view then that he was more a manufacturer than an installer asn was entitled to be paid despite lack of license. I'm reasonably but not 100% certain that you didn't need a contractor's license based on what you've said.

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Answered on 11/10/08, 12:52 am


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