2
2laydback
Guest
Hi,
I have been to the FreeAdvice FAQ site in search of answers, of which I found in part. However, I would like someone to help me clarify in terms of California law.
I did home improvements on a "friends" home. I'll call him "Richard"
from here on. The work I completed was done based on a verbal agreement. The amount in which he owed(s) is $3,000.00. The agreement was my "unlicensed" construction services for various indoor and outdoor improvements. I constructed an outdoor gazeebo, overhead lattice work plus various small jobs, all of which were outdoors with only woodwork involved. Indoors involved crown moulding through out a 2,000 + sq ft home, solid wood customized panelling, solid wood flooring in one bathroom, and some minor subfloor replacement & tile in another.
After completion "Richard" began stalling to make good on his end of the agreement. PAYMENT! Payment was agreed to be in the form of a car. Finally, he gave me a car from a dealership that he did business with as he is a wholesale auto dealer. (This car was not suitable as defined in our "written" agreement in which was written as follow up of the verbal agreement to outline the specifics.)
Richard understood fully that this car was unsuitable due to added costs for various flaws. He said to "use" the car as my runner until a better one was found at auction. 9 months after being "pacified" with the car I was arrested for vehicle theft. The charges were dismissed, however, by the end of the investigation Richard was the one named as suspect, deservedly so. Suddenly the dealership, who was so adimate about sticking with their report, "let HIM off the hook" refusing to charge HIM with criminal theft. Thats another story for another board!!
Needless to say. The car, though not agreed as payment was returned to the dealership. Now I am left without payment of any form. Richard continues to set up appointments and then do the "no show" routine. I DO plan to fight for what is owed, and MORE!
The reason I am here today.... I am concerned about my statis as an "unlicensed" contractor. A statis Richard was well aware of from day one. There have been no complaints from him regarding my workmanship, YET.The work has now been completed for nearly a year. However, with all the himmin and hawin and no show blows....I have a feeling he may try and use my unlicensed statis against me when I file suit for not only the $3,000.00 in labor but for damages of which he admits negligence resulting in my arrest. He states this clearly in the police report. I feel confident with my case regarding the false imprisonment, false report, loss of wages; etc. It's the improvements done by myself and collecting on the work I have done. I voiced concerns before starting the bathroom repairs/improvements, he said he had obtained a permit and to go ahead and do the work. (there's a sucker born everyday!)
My questions are:
1. What types of home repair/improvements are required by California law to be done by a licensed contractor only.
2. According to the FA FAQ's it is difficult to get a favorable judgement in cases of repairs/improvements done by unlicensed contractor because of the lack of respect in following law. How true is this?
3. Would it be feesable to separate the two bad faith acts and persue the $3,000.00 in small claims. The other amount for damages still undetermined?
4. In cases of work done by unlicensed labor. Where permits and licensed contractors are required.....who stands to suffer, the homeowner or the unlicensed contractor, if it becomes an issue??
I would like to someday become licensed and it would be insult to injury if he could stand in my way of achieving this goal. I definately don't want him using this as his "way out"! But, I wouldn't put it past him. He's already caused me enough grief by trying that one in a BIG BIG way.
5. Can someone supply me with URL'S that are related to California State, County and local laws concerning licensing? Or any other valuable link's you may think are applicable to my cause?
Thanks, if you need more...just ask and I'll get the answers right back to ya!!
I promise!
way 2laydback
[This message has been edited by 2laydback (edited July 11, 2000).]
I have been to the FreeAdvice FAQ site in search of answers, of which I found in part. However, I would like someone to help me clarify in terms of California law.
I did home improvements on a "friends" home. I'll call him "Richard"
from here on. The work I completed was done based on a verbal agreement. The amount in which he owed(s) is $3,000.00. The agreement was my "unlicensed" construction services for various indoor and outdoor improvements. I constructed an outdoor gazeebo, overhead lattice work plus various small jobs, all of which were outdoors with only woodwork involved. Indoors involved crown moulding through out a 2,000 + sq ft home, solid wood customized panelling, solid wood flooring in one bathroom, and some minor subfloor replacement & tile in another. After completion "Richard" began stalling to make good on his end of the agreement. PAYMENT! Payment was agreed to be in the form of a car. Finally, he gave me a car from a dealership that he did business with as he is a wholesale auto dealer. (This car was not suitable as defined in our "written" agreement in which was written as follow up of the verbal agreement to outline the specifics.)
Richard understood fully that this car was unsuitable due to added costs for various flaws. He said to "use" the car as my runner until a better one was found at auction. 9 months after being "pacified" with the car I was arrested for vehicle theft.
The charges were dismissed, however, by the end of the investigation Richard was the one named as suspect, deservedly so. Suddenly the dealership, who was so adimate about sticking with their report, "let HIM off the hook" refusing to charge HIM with criminal theft. Thats another story for another board!! Needless to say. The car, though not agreed as payment was returned to the dealership. Now I am left without payment of any form. Richard continues to set up appointments and then do the "no show" routine. I DO plan to fight for what is owed, and MORE!
The reason I am here today.... I am concerned about my statis as an "unlicensed" contractor. A statis Richard was well aware of from day one. There have been no complaints from him regarding my workmanship, YET.The work has now been completed for nearly a year. However, with all the himmin and hawin and no show blows....I have a feeling he may try and use my unlicensed statis against me when I file suit for not only the $3,000.00 in labor but for damages of which he admits negligence resulting in my arrest. He states this clearly in the police report. I feel confident with my case regarding the false imprisonment, false report, loss of wages; etc. It's the improvements done by myself and collecting on the work I have done. I voiced concerns before starting the bathroom repairs/improvements, he said he had obtained a permit and to go ahead and do the work. (there's a sucker born everyday!)
My questions are:
1. What types of home repair/improvements are required by California law to be done by a licensed contractor only.
2. According to the FA FAQ's it is difficult to get a favorable judgement in cases of repairs/improvements done by unlicensed contractor because of the lack of respect in following law. How true is this?
3. Would it be feesable to separate the two bad faith acts and persue the $3,000.00 in small claims. The other amount for damages still undetermined?
4. In cases of work done by unlicensed labor. Where permits and licensed contractors are required.....who stands to suffer, the homeowner or the unlicensed contractor, if it becomes an issue??
I would like to someday become licensed and it would be insult to injury if he could stand in my way of achieving this goal. I definately don't want him using this as his "way out"! But, I wouldn't put it past him. He's already caused me enough grief by trying that one in a BIG BIG way.
5. Can someone supply me with URL'S that are related to California State, County and local laws concerning licensing? Or any other valuable link's you may think are applicable to my cause?
Thanks, if you need more...just ask and I'll get the answers right back to ya!!
I promise!
way 2laydback
[This message has been edited by 2laydback (edited July 11, 2000).]