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Licensed Contractor

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L

legal

Guest
I hired a licensed contractor who advertised roofing to re-roof my home. The job was done horribly. I paid him for half the work as required in contract but I refused to pay the balance. He sued me in small claims and I filed defendant's claim against him. He lost his suit and I won an award of $2800. He appealed this judgment and I won award again but this time for $1400, in Superior Court. I was able to present evidence; that he did not obtain permit (illegal), extremely poor workmanship (with both pictures and report from Bldg inspector), that he was not licensed to do roofing work, and a number of other items. I had receipts for everything. I expected judgment to be $6,000. The judge in my case even commented on how complete and well prepared the evidence was. The judge also questioned the contractor and it was clear from his answers that he did a poor job. The judge also commented on how poorly the roof looked from both the picture and my report.
I feel this judgment is unfair, what can I do?
Can I file a motion to vacate this judgment?
Can I file an appeal ?
Do I have any recourse ?
Any help you can give me in sincerely appreciated.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No, because you got probably more than you should have. 2 judgments based on the same case usually doesn't happen.

Anyway, if you presented evidence he WASN'T licensed, it meant you had the capacity to find this out BEFORE you hired him. Hence, you are at fault for choosing an unlicensed contractor.

So, lessen learned, you got money. Next time, buyer beware.
 
L

legal

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No, because you got probably more than you should have. 2 judgments based on the same case usually doesn't happen.

Anyway, if you presented evidence he WASN'T licensed, it meant you had the capacity to find this out BEFORE you hired him. Hence, you are at fault for choosing an unlicensed contractor.

So, lessen learned, you got money. Next time, buyer beware.
<HR></BLOCKQUOTE>

First of all let me thank you for your input.
But you mis-understood the licensing. He IS a licensed contractor and he advertised for roofing. There is what is known as 'specialty licensing' to do certain types of trades, one of which is roofing. I presented evidence to show he did not have the specialty license. In essence it was illegal for him to do that 'type' of work.
Lastly, you mentioned how unusual it is to have 2 judgments based on the same case.
Wouldn't you always have 2 judgements on the same case when there is an appeal ?
Also, are you saying I'm entitled to BOTH judgments ??

Thank you again.
 
L

lawrat

Guest
Okay, legal, if he wasn't licensed in that area in which he did work, he in essence is not licensed. Don't get caught up on technicalities.

As to the judgements, appeals judgments are based on the first judgment. You don't win twice in the sense you shouldn't get two MONEY JUDGMENTS. On appeal, that judgment supercedes the first.
 

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