Legal Question in Construction Law in California

rights to unlincensed contractor

I'm an unlincensed electrician that has a computer print out of a contract with a contractor to do some electrical work for a house he was working on. The contractor paid for some of the material and labor, but now that the job is almost complete and the remaining balance is due, the contractor has asked me not to complete the job and will not pay the remaining balance. Is there any legal obligation to pay the rest and what can I do to collect for material that is still due?


Asked on 7/06/06, 10:16 pm

3 Answers from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: rights to unlincensed contractor

You are almost certainly out of luck. Moreover, since it is a crime to contract without a license, you need to tread very lightly.

You have two narrow hopes that spring to mind. One, if the job was for less than $500 total including labor and materials. Second, if the contractor hired you on an hourly basis, with wages as your only compensation. In this latter case you might be able to argue that you were an employee.

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Answered on 7/06/06, 10:54 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: rights to unlincensed contractor

Based on the facts as you present, you have not only committed the crime of contracting without a iicense, but the owner could also sue you the return of all money paid to you.

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Answered on 7/07/06, 12:00 am
Terry A. Nelson Nelson & Lawless

Re: rights to unlincensed contractor

You can sue and should be able to collect from the contractor for what is owed as an 'employee' or sub. The 'unlicensed' status should not be relevant in this case, since you were an employee or sub of the contractor who is licensed and was merely hiring people to do the work, as always. You could not collect from an owner you directly contracted with. If enough is at stake to justify hiring an attorney, feel free to contact me. Otherwise, file in Small Claims under $7500.

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Answered on 7/07/06, 2:34 pm


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