Help! Dealing with licensed contractor, two issues

Hello all,

Wondering if anyone could provide some help, since I am facing two issues.

Location: California

Issue #1: Signed a contract with a licensed contractor for work on my home. Work involved removing ceiling covering, it's called popcorn, fixing ceiling scratches/marks, and painting the ceiling. Contract stated $500 to start and balance upon completion ($1450). Work start on a Saturday and was to finish on a Monday. On Sunday, I did an inspection and pointed out to the contractor's workers that some of the holes were not patched. They, the workers, fixed some of the areas I pointed out and agreed to fix before painting was to begin on Monday.

When the contractor did not show on Monday and with the ceiling bare, plus a house full of ceiling debris, I called and was informed that he was done with the job since I made his workers fix these things. He also claimed that he would only finish the project if I pay in cash the balance and if I do not point out anymore ceiling scratches.

what are my legal options since he is taking me to small claims court over the monies he says I owe for the extra work?

Issues #2 Since the contractor abandoned the job, I called him and informed him that I was moving his equipment outside in order to avoid any confrontation. After placing his equipment outside, I went to get lunch and returned a half-hour later to notice the equipment gone. The contractor is now claiming that it was stolen and is taking me to court for the equipment. What is my responsibility for this?

Thank you for reading and any help would be great.

As to the first issue, it sounds as if you have a good basis for a cross-claim for damages for breach of contract, measured by the cost to get someone else to do the work and any incidental expenses incurred. At the least, it sounds as if there is a valid defense. Compile photos, bills from "the other contractor", witnesses etc.

If you get a judgment (vs. a defense verdict in your favor), report to to the State Contractor Licensening Board in Sacramento (see their web site). If a judgment isn't paid within 30 days of notice, they'll suspend the license.

As to issue 2, this is going to be a he said-she said type of case. I'd look/hope for witnesses in the neighborhood. If the equipment was large, I might try to get the case moved to a higher forum, where you have a discovery right that would allow you to inspect his premises. If it was essential to his work, I'd try to discover (formally), when/if it was replaced. Candidly, leaving it unsecured was while in your custody and control was not the best decision on your part.

Thank you for the reply.

Yes, as to issue #1, I will pursue Contractor State License Board.

For issue #2: In hindsight, I agree. My rational was I did not want him on the property and did not want to have a confrontation -he was abusive on the phone, he might slip and fall on my property and expose me to a lawsuit. Leaving the equipment on the street left white residue marks on the street, I took photos and found a neighor who saw me place the equipment on the street. Hopefully, it will be "enough" for me to prevail.