Legal Question in Construction Law in California

Re: Unlicensed Painter

You've, unfortunately, put yourself into an extremely difficult position. If you push this, you risk ending up in jail because it is a crime to contract without a license. The lady merely has to make a call to the police and it is quite possible that they will come looking for you with an arrest warrant. I don't want to be overly dramatic, but I see people charged with not contracting with a license all the time.

The other difficulty is that the law says that you're not entitled to file a lien or get paid even a dime for the work you've done, even if it's a perfect job.

Re: Unlicensed Painter

Having a contractor's license is not always a bar to recording a mechanic's lien, because suppliers of materials and equipment and others that don't need licenses to do what they do can record liens, but if you needed a license, as you apparently did, and didn't have one, as you don't, then filing a lien would be making a bad situation worse.

You would never be able to enforce your "lien" and by filing it you would only publicize your illegal unlicensed activity and expose yourself to various claims by the owner and possible prosecution, and if you have a pending or future license application the Board might find this as a reason to delay or reject your application.

Re: Unlicensed Painter

I agree with my colleagues for the most part except to the extent of Mr. Whipples comment telling you you can file a mechanics lien as an unlicensed contractor. An unlicensed contractor would be foolish to file a mechanics' lien.

You are out of luck basically because you are unlicensed and if you pursue it further then you could and probably will open yourself up to a lot of trouble (arrest & jail, never getting a contractors license, and paying her money). Because you are an unlicensed contractor, the law states that you may not maintain a lawsuit against the homeowner (even if it is a perfect job and even if she knew you were unlicensed and hired you anyways)(See MW Erectors (2005) 36 C4th 412 and Construction Fin (1997) 53 CA4th 170)

Also under Business & Professions Code Sec 7028(a) it is a crime to contract without a license.

Under CCP 1029.8 you can and probably will be liable for treble damages (three times damages that actually occur) up to $10,000.00 if you are unlicensed and injure or damage another person while providing goods or services (she simply has to claim negligence and you may get nailed if she proves even the slightest negligent thing).

Furthermore, under B & P 7031 any persons who utilizes a unlicensed contractor can sue the unlicensed contractor and recover all the money they paid to that person (even if the job is perfect).

I suggest you not stir up any waves and move on with a hard lesson learned and get that license in the proper classification asap.