Legal Question in Real Estate Law in California

Hi,

I am a Condominium Owner. Due to a leak in my toilet, the ceiling of the unit below me has been damaged. I am planing to pay for the repairs myself instead of going through my Home Owner's Property Insurance, since the cost doesn't justify going through the Insurance.

I got an estimate of $485 from a Licensed Contractor(Say "Walter") recommended by the Condominium Management for the repair of the ceiling. However the owner)say "Anne") downstairs wanted to use her own "non-licensed" contractor(say "Tom") to do the work, and his estimate is $550. I understand that the owner wants to give the business to her acquaintance. But I'm unwilling to pay the extra cost, since I can get the job done by the other COntractor for lesser amount of money.

Tom has been very confrontative & unprofessional towards me all this time , saying that whatever "Anne" wants will happen, and if she wants him to do the job, then I'd have to agree, and pay the cost.

Now, what are my legal obligations here? At this point I had been very professional & calm, but it has reached a point that I don't want to pay a penny more than the estimate from "Walter", which is $485. I'd also like him to provide a guarantee for the work that he will do, otherwise, if he does a crappy job, then I don't want to pay for another work. I feel that this person, Tom, is trying to use his good relations with Anne to make some money off of this deal, and he is using me as a sucker.

Please advise ...

Thanks

Kuntal


Asked on 12/01/10, 11:30 am

5 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Do not use unlicensed contractors. If you do use an unlicensed contractor then you do not have to pay him.

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Answered on 12/06/10, 11:49 am
Gary R. White Burton & White

You are only responsible for the repair of the damage. You have a licensed contractor's estimate of the damage. Give your neighbor the estimate and the $485.00 and let her choose whom ever she wants to do the repairs. It is illegal for the unlicensed person to contract for more than $500 of work (labor and materials) in California.

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Answered on 12/06/10, 11:52 am
Anthony Roach Law Office of Anthony A. Roach

Tell Tom he can go to jail for contracting without a license.

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Answered on 12/06/10, 12:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the previous answers, and would choose Mr. White's suggested course of action. You could not be sued successfully for a greater amount, especially if the "estimate" can be construed as a firm bid.

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Answered on 12/06/10, 2:03 pm

Ann has the right to have whomever she wants do the work, but you are not obligated to pay more than the reasonable cost. If you really want to play hardball, let Tom do the work and then don't pay him. As has been mentioned, you don't have to pay unlicensed contractors for work costing more than $500.

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Answered on 12/06/10, 4:23 pm


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