Legal Question in Construction Law in California

contractor using another's license and abandonment

My house caught fire in October 2007. My brother took care of helping me get a contractor. The contractor asked for 17,000.00 to start the job. In April 2008 I gave another 17,000.00. Now I find out the Contractor I signed with is using his friend's license. Now, the licensee wanted me to sign another contract with him. I said no. You clean up this mess that you and your friend created. The work is poor and now they have not done anything in over 3 weeks and have pulled out all their tools etc...about 4 weeks ago. How long is considered by California Law ''Abandonment''? My insurance co., city of san leandro and everyone else has to answers to help me nor do they want to try. I am now living in my backyard as of may 31, 2008 and a house I cannot live in that is incomplete and CITY PERMITS that will expire in December 20098. Does anyone have any guidance in this? I am stuck between a rock and a hard place. Fire victim, to Fraud to Abandonment and homeless in backyard....Any answers out there?


Asked on 8/19/08, 7:20 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: contractor using another's license and abandonment

There is no strict time frame definition of abandonment. A job is deemed "complete" if no work has been done for a continuous period of 30 days, and you can record a "notice of cessation of labor" at that time to start the time limit running for the recording of a mechanics lien. NOW, as to your problem:

1. You can sue the unlicensed contractor for a refund of ALL monies paid to him! This is most likely not productive unless he has money or assets to collect from.

2. You can make a claim on the friends license bond if the friend was aware of the use of his license. Unfortunately, the bond is only $12,500 which will not be of much help.

3. You can file a conplaint with the Contractor's License Board. It may be of help.

Best of Luck,

E. Leonard Fruchter

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Answered on 8/19/08, 8:18 pm


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