Legal Question in Construction Law in California
complaining homeowner
I am an unlicensed contractor who installed some windows and built a deck for a friend. She knew I did not have a license, and there is no contract. I built the deck and had installed the windows, but there was some remaining work. I told her I would finish, but had to take a month to handle a personal situation. When I got back and resumed the work, she began complaining that it was taking too long and she was trying to sell her house and that I had was the reason for her hardship and is now threatening to sue me. Does she have a case?
2 Answers from Attorneys
Re: complaining homeowner
Yes. You are on the hook for all money paid to you by the owner. Also you are in violation of California law and can be prosecuted by the CSLB.
Re: complaining homeowner
Anyone who contracts for or bids on a job that totals $500 or more (labor and materials) must hold a contractor's license California Contractors State License Board. There are exceptions, including working as an employee of a licensed contractor or taking jobs that are valued at less than $500.
I presume that the deck was expected to cost more than $500 and I presume you knew that you were performing work that required a license. If doesn't matter of the homeowner knew you did not have the required license. She could sue you for every single penny that she has already paid you and she would win.
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