Legal Question in Construction Law in California
Request for materials receipts on construction project
We hired a contractor who turned out to be unlicensed and did some damage to our home which we are now in the process of fixing. Our new contractor told us to get the receipt for an HVAC unit that the previous contractor had purchased, and was to install. We had given our previous contractor this request in writing when we fired him, about four months ago. We have not received any receipts, and the HVAC unit one is particularly important because without it, if there is ever any damage or repair that need to be done, we must show proof that it was purchased. What are our options to try to get this receipt? We have not pursued any legal action against this person yet.
3 Answers from Attorneys
Re: Request for materials receipts on construction project
I agree with the previous attorney's reply. You should also be aware of Business and Professions Code Section 7031 which states, in general, (1) that you are not required to pay an unlicensed contractor for work completed, and (2) "a person who utilizes the services of an unlicensed contractor may bring an action...to recover all compensation paid to the unlicensed contractor for performance of any act or contract."
This is intended as general information and not legal advice. For reliable legal advice on this matter please consult an attorney.
Re: Request for materials receipts on construction project
Yeah, you can try suing the unlicensed contractor, but practicalities may rule the day here. My experience has been that unlicensed contractors are essentially living underground from paycheck to paycheck. If this is the case, throwing all the legal paperwork in the world at him won't help you.
Another strategy is to find out which vendors supply that brand of furnace in your area and get a duplicate receipt from the vendor. Although you live in a large metropolitan area, there shouldn't be more than a couple of vendors that handle the brand. You may also be able to track who the vendor is by contacting the manufacturer and giving them the model and serial numbers. They may well be able to tell you who they shipped that unit to.
Re: Request for materials receipts on construction project
If this contractor at issue is not voluntarily forthcoming with this relevant data you need, your only other real option would be to promptly send out a legal demand letter and follow up with filing your claim/subpoenas against this person if he continues to be unresponsive. For timely, affordable legal assistance in this matter, contact us directly for a free phone consultation.
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