Legal Question in Construction Law in California

A unlicense contrator start my project addition with my down payment. he pay for material and his emplyee labor. He did not finish the job. HE is now suing for money back and our case still in court over a year. Suddenly, a general contractor stick out for this unlicense contractor because he help pull the electrical and plumbing for this unlicense contractor. In city of San Francisco, if a contractor pull more than two permits in the project the city automaticlly will change permits statues under per who pull it.

I am very confused is because B & P code 7031 says it protects consumers but how come a unlicense contractor can sue. The lawyer fees just keep adding up.

What can I do??


Asked on 5/05/10, 3:42 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your own lawyer has a duty to explain to you what's going on in terms that you can understand. That's part of what you're paying for. Watch out for 20-day preliminary notices and mechanic's liens from contractors and suppliers you've never heard of. Consider getting a new lawyer if you think laxity or lack of knowledge of construction law is a problem with the one you have now.

Read more
Answered on 5/10/10, 4:46 pm

It is very hard to understand the situation, because your question gives very little facts and the facts it gives don't make sense. It sounds like your case should have been dismissed long ago. The phrase "Suddenly, a general contractor 'stick out' for this unlicense contractor" doesn't make any sense. What does "stick out" mean? It makes no sense in that sentence. Do you mean "stick up for?" Even if that is what you mean, it still makes no sense in the law. In the law it does not matter whether a contractor "sticks up" for an unlicensed contractor. That the licensed contractor pulled the permit doesn't save the unlicensed contractor from the illegality of his work. Unless you had a contract with the licensed contractor, it makes no legal difference who pulled the permits.

So I cannot figure out why your lawyer has not filed a motion to have this case dismissed. But because your facts are confusing and not very informative, I can't say why he or she has not gotten the case thrown out.

Unless there is something special about your case, though, it sounds like your lawyer is not doing their job.

I have over 20 years of construction law experience. Before setting up my own firm in 2008, I was the head of construction law for the San Francisco International Airport General Counsel's office, and before that I was a Senior Trial Deputy in the S.F. City Attorney's office. My main office is in Walnut Creek, but I maintain meeting facilities in San Francisco. If you would like to meet with me at no obligation, to get a second opinion about your case, please give me a call or send me an email, and we can find a convenient time to meet.

Read more
Answered on 5/10/10, 4:58 pm


Related Questions & Answers

More Construction Law questions and answers in California