Legal Question in Construction Law in California
Hired handy man stole the work he was paid for
I hired an unlicensed ''handy man'' to do build some large doors for my medical office. There was no written contract, only a verbal agreement. He took 2 weeks extra to finish, was paid 9K, after we took possession of the office he came back asking for an additional 5k-of course we refused. Two days later he broke into my medical office after hours and removed the doors. The police have refused to do anything ''its civil'' he cites the Calif Uniform Commercial Code-''a secured party has the right to collect property from a debtor who has defaulted''-(I paraphrased that). What is the law about confiscating property that has been paid for and how should I proceed?
thanks
3 Answers from Attorneys
Re: Hired handy man stole the work he was paid for
Under California law, this "handy man" has committed the crime of contracting without a license. You can't have a lien under the Uniform Commerical Code if you cannot legally collect the amount claimed.
I know Channel 10 would love to hear your story. Have a chat with a supervisor at SDPD. If you can't get any more traction with them, I can connect you with some people who might be able to help you. As a last resort, I practice construction law in the San Diego area and could assist you with a civil case.
Re: Hired handy man stole the work he was paid for
It's an absolute crock that this is a civil matter. Try again with the police. The guy stole the doors and committed a crime by contracting without a license.
Sometimes the only way to get some civic officials to do their duty is to involve the press. The plain fact is that the police need to address crimes like this. If they refuse, the press is a good way to expose this refusal.
It may be very difficult to get satisfaction from the unlicensed contractor. They tend to live from day to day with just enough money to see them to that next day. In addition to trying again with the police, contact the Contractors State License Board. They have an enforcement unit that may be quite interested in this guy.
Re: Hi y man stole the work he was paid for
That's typical of SDPD. You may file for conversion and breach of contract. As he is unlicensed as a contractor, he will not be able to collect fees. Call me directly at 16192223504.
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