Legal Question in Construction Law in California

The other side, I am an unlicensed contractor.

I am an unlicensed cabinet maker. I contracted with a homeowner to provide cabinets for thier remodel. The total of the contract was $40k, to date, I have been paid $28k. The job was drawn out with long delays with the structural repair work done by the general contractor. My installation was approximately three months late because of that. About halfway through my installation the client placed an arbitrary (and impossible) deadline to finish my work or ''they'd see me in court''. The client also became threatening and verbally abusive. I notified the GC and sent the client a letter that I would not be finishing their job because of the environment. I immediately returned $12k which I had determined was the overpaid amount based on my time and materials for the job. With the GC, I determined the cost for another cabinet maker to finish the job and offered to fund the job to completion (approximately $4k in addition to the $12k). The client would not accept my offer and told me he is suing for the original $28k, AND another $40k which he claims is the estimated cost to complete the work. When he notified me of this, I offered to return the entire $28k, which he refused. Does my liability really extend beyond the money I was paid?


Asked on 1/12/06, 2:10 am

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: The other side, I am an unlicensed contractor.

Do not pay them anything. Why should you? Call me directly at 16192223504.

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Answered on 1/12/06, 6:28 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: The other side, I am an unlicensed contractor.

If you can prove your ability to provide substitute performance -- i.e., the ability to secure another party to finish the work -- you should contact me. Good arguments on both sides of the question, but yours are better. I am $200 an hour. Your argument is for recission and you have offered it -- document this. I have another client Island Woodworking, Inc. HI. They good Kona cabinetry. I can send you their email.

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Answered on 1/12/06, 2:26 am
Terry A. Nelson Nelson & Lawless

Re: The other side, I am an unlicensed contractor.

Your good faith offers, properly documented in writing, and the support of the GC as to your completion and competence, strongly suggest that the homeowners would fail in their claims. Certainly they are unlikely to receive anything more than you already refunded. If you are sued, feel free to contact me to discuss the situation.

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Answered on 1/12/06, 1:16 pm


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