03-07-2013, 10:57 PM
Speedy wrote:
The bad thing is that contractor can still lien your property and sue you for the full contracted amount.
No, he can't (in CA, at least). CA law states that a client has no legal obligation to pay a contractor who performs work for which he is not licensed.
From the "Ask The Lawyer" column in the local newspaper:
A contractor is defined under California Business & Professions Code Section 7026 as anyone who "submits a bid to, or does himself or herself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building ... or other structure." Under Section 7031, an unlicensed contractor cannot sue to collect compensation for the performance of any act or contract where a license is required, regardless of the merits of the lawsuit. Let me emphasize the phrase "regardless of the merits."
In fact, you could bring a lawsuit against him to recover any money you have already paid for the performance of any act or contract for which a license is required. It is a misdemeanor for any person to engage in the capacity of a contractor in this state without having a valid contractor's license. Thus, I do not believe you are stuck paying if indeed he is not licensed. Instead, you can report him to the Contractors State License Board, if not local law enforcement.
http://www.dailybreeze.com/news/ci_22671...payment-by