Legal Question in Construction Law in California

I got quotes for custom kitchen cabinets from a reputable cabinet shop. The cabinet shop owner said I had a small kitchen, so he was going to give this job to his son to do on the side. I agreed. There is no contract. The son did a great job building the cabinets but the painter that the son referred me to did not. He did not subcontract the paint job to the painter, he just referred us. It was a terrible referral, the paint job is shoddy and he refuses to fix it (he already got paid in full $4500). Can we go after the shop owners bond since I started there in the first place? Who is liable here, the shop owner, the son or the painter or all of them? Help!


Asked on 10/18/09, 11:36 pm

2 Answers from Attorneys
Raymond Chandler Law Office of Raymond Chandler

If your contract with th cabinet shop does not include painting, your best bet is to sue the painter in small claims court. If the painter is not a licensed contractor you will have a good case, assuming you can prove that the work was bad. Take detailed pictures of his work and keep good records of your communications with the painter and the son/cabinet shop. Go to the Cal. Contractors State License Board and look up the painetr to see if he is licensed.

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Answered on 10/19/09, 2:15 pm

Unless you can prove the shop owner knew or should have known his son was in the habit of refering people to this bad painter, and knew the painter was bad, AND you can prove the son knew or should have known the painter was bad and referred him to you anyway, your only recourse is with the painter. I'm also wondering why he is paid in full. If the job was not done but he required you to pay him, he is in serious violation of the contractor laws in the Business and Professions code. You should win on that basis alone.

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Answered on 10/19/09, 4:02 pm


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