Legal Question in Construction Law in California

We recently hired a licensed plumbing contractor for a plumbing job at our well pump shed. The pump shed roof needed to be re-shingled, and he offered to do that too. He gave us a verbal estimate of time, and we agreed, not fully understanding that he intended to charge double his regular hourly rate because he had a helper with him, or that it would take him and his helper significantly longer than a roofer would take for the same job. He has done good work for us in the past and we trusted him to both do good work and be fair with his bill. That trust was tested when he charged us what we now know is approximately 3 times the amount a licensed roofing contractor would have charged. He charged us $1,400 (labor only) to remove and dispose of the old shingles and put on roofing felt and new composite shingles on a 6' x 8' pitched roof shed. We provided the materials to the site. We believe that we were overcharged about $1,000, and we�re feeling like a couple of doddering old fools who have allowed themselves to be taken advantage of. Is there any recourse? What are our alternatives?


Asked on 8/15/09, 5:33 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

You don't owe him anything for the roofing since he's unlicensed. In fact, since he performed the work without a license, any money you've paid him for this unlicensed work could be recouped by you. You should immediately contact the Contractors State License Board. You may also wish to file a police report since contracting without a license is a misdemeanor. Be aware, however, that the police often say, "this is a civil matter" and try to discourage you from filing a report. Absent help from the CSLB or the police, you can contact an attorney to send a demand letter. If you want to recover anything you've paid him for work for which he was not licensed, you can take him to small claims court for up to $7500.

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Answered on 8/17/09, 6:38 pm


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