Legal Question in Construction Law in California

Contractor Liability

Is an Owner/builder liable for negligance and how long are they liable once the house is built? We had to reinstall a tub and flooring for an improperly installed tub. There was leaking and dry rot. We have pictures, and the owner/builder did not have a contractors license, so there is no one to report him to. We would like him to pay for it, is he liable? house is only a couple of years old.


Asked on 8/30/07, 2:59 pm

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Contractor Liability

If you own the residence, I think you might mean "Design/Builder."

You can sue an unlicensed contractor, and because the contractor is unlicensed, he is legally prohibited from defending himself in court. You thus obtain a default judgment and seek to recover on that judgment.

If this person has any assets, you might be able to get a lien in the amount of the judgment on those assets (home, etc.).

Sometimes, however, you benefit most from a quick and strong demand letter from an attorney.

The statute of limitations depends on whether the house was new construction or if this was merely a remodel.

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Answered on 8/30/07, 3:03 pm
Scott Linden Scott H. Linden, Esq.

Re: Contractor Liability

A lawsuit for defective construction may be your best option here. I can only assume that you are past the time for any new home warranty that may have been purchased or provided.

Owner/builders do have to get permits, but do not always have to be licensed contractors.

Please feel free to learn more about our firm on our website No-Probate.com. We can be contacted through the site or at the phone, email and address provided here on LawGuru.

Regards,

Scott Linden

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Answered on 8/30/07, 3:16 pm


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