Legal Question in Real Estate Law in California
will not pay for services in full
After painting the exterior of a house, was asked me to paint the interior. I offered to have my boss give him an estimate--name removed--is licensed, didnt want an estimate wanted me to do the job liked my exterior job. Said whatever it takes is fine Asked boss--name removed--said--name removed--had no work after job we were doing. Told me ok for me to do this job and--name removed--would come check my work and I would be covered under his license I would do all the work. Owner still owes me 2thou says will not pay thinks bill is to high. My boss said the bill is very low,--name removed--would never of done all that work for that amount. What can I do to get the rest of my money from the homeowner?
2 Answers from Attorneys
Re: will not pay for services in full
It sounds like you will need your boss's help to obtain your money, because it appears he has a contractor's license and you do not. Did you have a written contract with the homeowner? If so, that may limit how much your boss could get involved, if it makes clear that the contract is between you and the homeowner and nobody else. A licensed contractor could place a mechanics lien on the home and foreclose on the lien-- something that almost always results in getting paid. You can try small claims court, but be warned that the homeowner may defend on the grounds that you were not licensed.
Re: will not pay for services in full
This is a borderline case where the outcome in court would depend upon whether what happened was construed as contracting without a license or whether you would be deemed to have worked legally under the boss's license.
There is a further problem in that even if you worked legally, you failed to obtain a written contract, which although not leaving you so completely out in the cold as not working under a license, would be a problem to enforcement of any particular money demand based on contract. Probably leaves you with nothing more than a claim to the fair value of your services.
I'd say if the licensed boss will come and testify for you, take the matter to Small Claims. The boss will have to testify convincingly that the work was done under his supervision and control and that the value of the services was $X.
Finally, this question probably should be re-asked under the LawGuru Construction Law topic heading, since the lawyers who answer questions under that heading will know more about specific cases on this fact pattern, while us real estate guys may have a lot less actual experience with the contracting and license laws.
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