Legal Question in Construction Law in California

Re: Verbal contract reneged by h/o, landlord, I've got $10,000 in labor but unli

Yours is a difficult situation. Unlicensed contractors are not allowed to recover under most situations. Moreover, the law became even more harsh about a year ago when the legislature passed another law that says that any money already paid to an unlicensed contractor can be recouped by the owner.

The one exception you can try to invoke is that you were actually an employee rather than a contractor. There are numerous factors that a court looks at to determine whether you are an employee or contractor. The key factors to be considered an employee are: 1) You received wages as your sole compensation, 2) you do not customarily engage in an independently established business, and 3) you did not have the right to control or discretion as to the manner of performance so as to determine the final results of the work performed.

It would be worth your while to make this argument at small claims court. The jurisdiction is limited to $5000, but the judges there are more apt to try to be fair rather than go according to the letter of the law. If you stress that you were an employee working for an hourly wage and show that the work you did was flawless, you may well encounter a sympathetic judge. It only costs $30 to $40 to file (last time I looked) and it's an extremely simple one page form to fill out. For further help, get Nolo Press' Everybody's Guide to Small Claims Court. It's an outstanding guide in layman's language on how to go to small claims court. Go to www.nolo.com. Best of luck.

Re: Verbal contract reneged by h/o, landlord, I've got $10,000 in labor but unli

Where do I start. You have numbers of rights even though you are unlicensed. Your unlicensed states does her chew considerably but this was a personal transaction not a commercial transaction. I can rub salt will wound and you should know better than to start a job without having a written agreement dealing specifically with what the rights duties and liabilities of each party are. Shame on you. Now that said you have a right to minimally the fair market value of your services. At least understand that at this point in time I cannot imagine you went to live there with these people's son. But there is a value to what you did, a breach of contract, oral, to what they did and areas of hopefully settlement. If not settlement categorical art to protect or you know what. If you know what do that can give your ranks up, but that is your business decision and no one else's. My advice, see an attorney who understands business law/real property law. You see contracts must be in writing applicable to real property and that will be a substantial defense. I see numbers of ways around that defense.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.