Legal Question in Construction Law in California

As an unemployed painter, I have been doing "pickup" work to make ends meet. I was hired by the owner of a yogurt shop to do interior painting. He was aware that I wasn't a contractor and in fact hired other non-contractors as well. I applied a base color coat to the floor so an artist could do art work on top of it. A clear top coat was added (not by me) and if failed. The owner thinks it was the base coat that caused the clear coat to fail and now won't pay for all the work I did. I contacted the paint store and their rep went to the site and determined the base coat had nothing to do with the failure. Because I don't have a contractors license could I take the owner to small claim's court or would my case be thrown out?


Asked on 1/14/10, 10:04 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

If the job exceeded $500 in labor and materials (and you cannot break it into smaller jobs to get under that limit), then you are almost certainly not going to prevail in Small Claims as an unlicensed contractor. Unfortunately, when you fail to comply with the law, it can have some pretty serious consequences, including not getting paid. I would suggest that from now on, you limit your activity to less than $500 total labor and materials for any given job, or get a license. You also need to be careful because the Contractor's State License Board is on a tear against unlicensed contractors. Suing the shop owner may not only fail to get you paid, but may in fact get you slapped with a complaint to the CSLB.

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Answered on 1/19/10, 11:58 am


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