Legal Question in Construction Law in California

I have a contract with contractor (Barry) for $2,000.00 for drywall work. He said he needed help and got his friend (Dave) said he was licensed (it was suspended ) Dave did allmost all the work as Barry was going to the Dr. & another job. Dave asked for money during the job to pay for materials and his sons help. On the last day I was laying down (with pain drugs due to back injury) Dave came to the door and said the job was done and Barry wanted me to pay off the rest to Dave. Just getting, up I forgot the $900.00 down payment (should have been 10%) and payed $900.00 too much. I called both persons and Barry said it was my problem and talk to Dave. After 2 weeks I got a call from Dave and said he spent the money and can't pay me back but would work it off. He is not licensed so I can't hire him. An NOW Barry wants me to pay him $1,100.00 the rest of the invoice.


Asked on 11/10/11, 5:27 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Inform both of them that as to the portion of the work done by Dave they are not entitled to any payment because a non-licensed individual is not entitled to any pay what so ever for work done. That includes the cost of the materials. You had a reasonable right to assume that Barry had told Dave to collect the money, so were not negligent in giving $2,000 to Dave. Since Barry had already gotten $900 from you, he owes you that amount less the value of any work he himself did if that can be determined and if he has a license. Dave owes you $2,000 as he was not entitled to any payments; it does not matter that you paid him, since he was not entitled to payment he is subject to a lawsuit for the money back [where his children underage so illegal employees?]. So you are entitled to $2,900 back from either one or both [less the licensed work Barry did]. Dave acted as Barry's agent so whatever Dave did as to getting payments goes against Barry

Demand payment within a certain number of days. After you know they will not pay, report them both to the appropriate licensing board.

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Answered on 11/11/11, 9:53 am


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