Legal Question in Construction Law in California
Painting
I painted a condo for a lady that I meet. Some of the paint that I applied peeled. She had me visit the condo and look at the problem. After the visit I could not reach her by phone. After some time I received a letter in the mail. It was a bill from her for $1800 for repairs that she made. I'm not a painting contractor. I made that clear with her before I started the work. She just called and told me that she was going to take me to small claims court. She paid me with a check made out to my name. I gave her an invoice with the work that I did. But no company name on it. What are my options? She never gave me a chance to fix the work. Do I have to Pay?
1 Answer from Attorneys
Re: Painting
If you are not licensed, she can sue for recovery of all compensation paid to you under Business & Professions code section 7031.
Reimbursement for your our out-of-pocket expenses is not considered compensation within the meaning of that section. Therefore, what she's able to recover is more appropriately called 'profit.'
Keep in mind that if you did work for which you were not licensed, and if she were damaged by that work, she may recover treble damages from you, plus attorneys fees. Treble damages means her actual out-of-pocket costs to fix the problems, multiplied by three.
Because painting occurred in a personal residence, you were required to have a written contract that satisfied the strict requirements of Business & Professions code sections 7150, et seq. (mainly 7159).
In addition, your unlicensed work constitutes a criminal misdemeanor.
Your best defense is that you were acting as her employee, not as a contractor. This distinction is made on the facts related to your dealings with this woman, which you did not post.
I recommend you visit a local attorney without delay to discuss your options before taking further action.
Good luck.
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