02/05/2021
License to Build? Not in this Case?
Plaintiff, an elderly widow, hired Defendant to perform remodeling on her home. The remodeling would have allowed the Plaintiff to easily maneuver her own wheelchair in her home.
The Defendant held himself out to have 35years of contracting experience. In the end, the work performed was negligent. The workmanship was shoddy. It was then discovered that the “contractor” was unlicensed.
Plaintiff brought suit for construction defects; disgorgement of all funds paid to an unlicensed contractor; elder abuse; and fraud.
“The Contractors State License Law (B&P 7000 et seq.) imposes strict and harsh penalties for a contractor’s failure to maintain proper licensure. Among other things . . . regardless of the merits of the claim, a contractor may not maintain any action, legal or equitable, to recover compensation or the ‘performance of any act or contract’ unless he or she was duly licensed ‘at all times during the performance of that act or contract.”
Outcome
The case went to trial in March, 2019. A favorable verdict for the Plaintiff in the amount of $146,116.21, which was 100% of our claimed damages.
It is imperative for anyone hiring a “contractor” to be sure they have a contracting license. A quick check online of the California Contractor’s License Board can easily be done.
If you feel that you have had an unlicensed contractor perform work on your home call the Law Office of Bryan R. Snyder (619)398-8379.
