Legal Question in Construction Law in California

Construction Law

I am a handyman in Los Angeles. I have a current business license for my handyman service. I was refered to a homeowner to build a two story bathroom addition, I gave him a bid which came to over $500 of course. I told him that in fact I was only a handyman , not a licensed contractor. Even pulled his permits for the dwelling at LADBS as a owner builder. I did most of the work but ran out of money. Now he says he is sueing me which I am understanding of. But he is filing criminal charges as well. He will also admit that I in fact disclosed to him that I was not a licensed contractor. So now he is holding my tools and I cant go to work anywhere bc of this. Because I told him I was not a licensed contractor can he hold my tools in lue of this and can I be criminaly charged for this?


Asked on 6/22/09, 5:32 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Construction Law

Criminal charges - that's up to the District Attorney and the Contractor State License Board to decide. It is not up to individuals to decide who gets prosecuted and who doesn't. That being said, the CSLB has been really aggressive with unlicensed contractors, so you will definitely be hearing from them. As for your having told him that you were just a handyman, its not a defense to what you did. You really have very limited defenses when it comes to unlicensed activity. You need to retain an attorney who specializes in CSLB license actions right now to protect yourself.

As for your tools, no he cannot keep them, but it will take a court order for the police to go in and help you get them back. Call an attorney today in your area who specializes in representing contractors before the CSLB. Sorry, but the rules are really clear, and you shouldn't have been working without a license.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/22/09, 6:06 pm


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