Los Angeles, CA asked in Contracts and Construction Law for California

Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to final billing, to rejection of my complaint (out of warranty period).

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, there is an implied warranty of habitability that applies to housing, but specific warranty periods for issues like peeling paint may vary. It would be advisable to consult with an attorney who specializes in construction or real estate law to determine the applicable warranty period and explore potential legal remedies for the peeling paint issue. They can review the details of your situation and provide guidance based on California law and any relevant contracts or agreements you may have with the painting contractor.

Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: First, this has nothing to do with the implied warranty of habitability. That is a warranty between a landlord and a tenant. 15 months is an unreasonably short period of time for exterior paint to last. You need to take many photos of this peeling paint. As I recall we had unusual rains during the last 15 months, however, the paint should last longer than that. In addition to the rain, the California sun id very damaging to paint on houses or cars. Still, 15 months is very short. You should contact your painting contractor, who should have provided you with his license information and his contractor's bond information. If he won't help you, make a complaint to the Contractor Licensing Board, obtain estimates for a different contractor to repair, file a complaint with the CLB, and make a claim against his bond for the amount of the repair. If this is less than $10,000 for the whole job, you can resort to Small Claims court and sue the contractor for the amount of the repair. Paint also has warranties, but these are on the cans. Thank you for using Justia, Ask a Lawyer.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.