Legal Question in Construction Law in California
unlicensed contractor
We hired an unlicensed contractor, we didnt know, but we should have checked. He came and began our concrete work,framing, He them came the next day to lay concrete we paid them 3100.00 with the remaining balance due upon completion. Most of the 3100.00 was to the people who brought the concrete. The remaining balance was due to the contractor. Half way thru the day it began to rain and they left. With conrete still left to lay and concrete a mess, lumps and framing still up etc. We called for 2 days with no response. Finally upon calling from a friends cell we reached the contractor to have him immediately hang up. I then cancelled all checks. They did not get paid! We now have a huge mess that has to be repaired! Were curious if the concrete person can come and try to collect even though they did not deliver all the concrete? Im not worried about the contractor, he's just gone! What should we do?
2 Answers from Attorneys
Re: unlicensed contractor
Fire the contractor. He can't sue you if he's unlicensed. As for the material supplier, you have to pay him, even if the contractor did not, or the supplier will put a lien on your property. Then sue the contractor. He can't defend a lawsuit if he's unlicensed. Hire a licensed contractor to remedy the mess, and claim his costs in your lawsuit. Also, notify the city attorney and the contractor's state license board about the unlicensed contractor. Good Luck.
Re: unlicensed contractor
i'm sorry but i think my fellow attorney is incorrect -- the supploier can only sue you or can lien your house if under the mechanic's lien law sent you a 20 day notice to you once the contract for the purchase for the concrete was made or within 20 days after he supplied the goods and material to the site in which it would be used. you have no direct contract with the supplier -- sen the unlicensed contractor a notice of cession of emplouyment and since he is unliscensed he cannot collect against you, hire a liscensed and bonded contractor and ask for a list of his last 5 - 10 jobs and cites, names and addresses, phone #s of the customers and call them to see if they are satisfied or related to him in any way -- hire him and then if you think it was worth it sue the original guy in small calikes courtr, less than $5000 limit adn call your local d.a. consumer fraud division and make a claim against the original guy --- good luck to you -- lastly see a real estate/ consturction / mecnanic's lien attorney and confrim my advice -- i am in contra costa county and if local to you since you did not give your zip code call me at 925-945-6000 if you desire
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