Legal Question in Construction Law in California

Legal Rights

Hi, I had some home maintenance repairs done. I'm not satisfied with the results. I have an estimate, but no contract and the worker does not have a contractors license. What legal rights do I have to sue?

Thank you,

MTA


Asked on 9/01/02, 12:24 am

1 Answer from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: Legal Rights

A new law went into effect this past January whereby you can sue an unlicensed contractor for everything you paid him regardless of how much value he's put into your home. Some commentators have wondered how the courts will handle this law because it's pretty drastic. This means, for example, if a competent, but unlicensed contractor remodels your house and puts $300,000 of time and materials into it, you're entitled to sue him for this entire amount and, theoretically, get a judgment against him for this amount.

If you're a consumer, the contractor is supposed to have a written contract with you, but an oral contract won't keep the court from ruling for you. Oral contracts are a bit harder to prove, but they are valid.

One other thought: you said "maintenance work." Not all maintenance work requires a contractor's license.

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Answered on 9/01/02, 1:06 am


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