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.
3 Answers from Attorneys
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.
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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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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