Legal Question in Construction Law in California

Re: Unlicensed Handyman

I don't see a serious problem with lack of consideration. It is at least arguable that an enforceable, bilateral oral contract was formed as a result of your conversation with the handyman. The terms of the contract are "I will perform this work at the following times, in exchange for which you will pay me $X."

This doesn't mean you will prevail in small claims court. You would be seeking what are called consequential damages - harm which is one step removed from a direct result of breaching the contract (key - staying home from work was not a term of the contract).

Consequential damages can be recovered sometimes, but the harm must be reasonably forseeable by the breaching party. Unless there was some discussion of staying home from work and losing pay, the judge probably should deny a claim for this type of financial injury.

Further, proving the terms of an oral contract is not easy, and the hendyman's promise to appear on a specific day might be deemed too vague and indefinite to support a claim for consequential damages.

So, I would agree that your chances aren't good, but for other legal reasons.

Re: Unlicensed Handyman

One of the few exceptions to being licensed is performing construction projects for less than $500.

It is doubtful that you could hold the handyman responsible for your husband's lost income. There are several problems with collecting such damages. First, there doesn't appear to be a contract since there was no consideration given. Nor do the damages appear to be related to anything that could be a tort, such as negligent misrepresentation. Damages have to flow logically from some legal duty that the handyman had to you. I doubt there was a legal duty, much less damages that flowed from a breach of that duty.

There are, by the way, a few statutes out there that require certain servicemen to appear when promised or the law ascribes a duty and certain damages. I'm not aware of any statutes that apply to general handymen, though.