Legal Question in Construction Law in Utah

wont pay because I am not liscensed

I was picking out carpet and tile for my new home and the owner of the store asked me if I would do some stonework on his home for upgrades,blinds,carpet and tile for my basement I agreed to do it for 7.00 a square foot. His house was huge it took me nearly 2 years of my free time after work and on weekends.He did give me some stuff ,but still owes me about 4,000.00 in trade,but says he dont have to pay because we didnt sign a contract and im not liscensed. Can i take him to small claims, or maybe go take down the stonework?


Asked on 7/21/04, 7:38 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: wont pay because I am not liscensed

You can - and should - take it to small claims court. Get a licensed contractor to quote a price for the same work if you can as evidence of the value. Take photos, and as good as an accounting as you can. Utah law requires an owner to pay, even if the worker is not licensed, under the theory that the owner knowingly received goods and services and benefitted thereby. It would be unfair for the owner to take advantage of the deal and not pay. Don't tear out what you did, get paid for it. Tell the owner that you will also call public interest defense - "Get Gephart" and others to get a fair shake. Don't roll over for the bully. Good luck.

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Answered on 7/22/04, 3:32 pm


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