Am I in danger of committing libel/slander

[dbb9581]

What is the name of your state (only U.S. law)? California

Hello, this is my first post on this website so excuse me if this situation has been covered.

I am a young aspiring HVAC Contractor. About two months ago I was contracted to do a job for an art school. My original bid was for just a portion of the job, as per their request. As the job got underway they added a lot more work and told me they would pay the bill in the end. I was continually bringing up money and continually being told that they would pay. Well, they haven't paid me anything but $1700 which is about half of the material cost. Leaving me in the whole for material and making nothing for 2 weeks labor. Plus I had to hire several thousand dollars worth of extra labor due to their time constraints. I'm not yet licensed to do this amount of work and it is my belief that they chose me for the job with the sole intention of exploiting me for their gain. As a way to take a legal and non threatening stand I've chosen to create a flyer documenting everything that happened. I will then go down to the school and distribute my flyer on a city sidewalk in a polite manner. All the statements about payment and the timeline are 100% true, but I call into question his moral character for putting an honest single dad on the street instead of honoring his obligations. I do not use foul language but I do state that he is a liar and cheat.

I have emailed both flyer and my plans for distribution to the customer in hopes that he would man up and pay his bill. He said he would sue me for slander. My question is can he if I have not lied. Plus it is he who has broken the law. He owes me $13000 Grand Theft?

Sorry it's so wordy but I wanted to be thorough. Thank you and I welcome any advice.

 

[farmgirl_48732]

Why not just call the accounting department and ask when the final check will be sent? I would NOT do what you intend to do.

 

[dbb9581]

I have been in contact with the owner of the school through this whole thing. He has basically made it clear that there is not going to be a final check, or any check stating that I didn't make his deadline so basically I get nothing. I really don't want to do this because I know he can report me for not having a license, but at the same time I am very frustrated and feel like I should be entitled to some justice. I would settle for about half just to get past all this ut he is still not willing to pay. Plus this last email with the threat of hurting his business was the first time he's gotten back to me in weeks of phone calls and emails.

 

[kat1963]

Accounts payable isn’t going to hand you cash on upon a verbal request. When was the last time you sent them a written bill for services rendered?

 

[dbb9581]

About two weeks ago I sent the last bill. The first one was sent when the job was over 2 months ago.

 

[seniorjudge]

Did you follow your state's mechanics' lien law?

 

[dbb9581]

No I am new and wasn't even aware that that was an option. It seems as though there are strict guidelines on when and how to invoice and send demand letters. I am pretty sure from what I've read I missed my chance. I'm learning a lot of lessons.

 

[quincy]

Questioning someone's morals and calling them a liar and a cheat can result in a defamation action against you, so I recommend against distributing the flyers. Truth is a defense against libel, but it is a defense only, and does not prevent you from having to spend a lot of time and money in court.

 

[tranquility]

Did you follow your state's mechanics' lien law?

He better not, or actually he better by not doing anything.

I'm not yet licensed to do this amount of work

The OPs problem is that he cannot enforce the contract or use any legal remedies because he is not licensed. I bet none of the required permits were pulled either as inspections would look to see if the homeowner did the work or a person with appropriate licenses for the work.

An unlicensed contractor doing work for large contracts is in a world of hurt. I like the OPs spirit in trying to think outside the box to get paid, but I agree with quincy that the odds of it costing more than it's worth are pretty good.

 

[dbb9581]

My work was up to code. I'm not licensed but I am well trained. I was planning on taking the profits of this job and getting legit. Do you think I would have a small claims case? Just because I'm not licensed couldn't mean that it's legal to hustle me, Could it? I really appreciate all you guys advice, I'm really kind of in a spot I drained my bank accounts on this guys material and work has been pretty slow. If it means a fine of less than 13K might it be worth trying.