Q: I hired a non-licensed contractor to build a barn. It has been more than 2 months since he came to work. What can I do?
I’ve paid him $16,000 out of $20,000 total. He kept asking for money for materials each time he came. He’s now claimed a material shortage, death of a loved one, and has stopped responding to our text messages or answering any calls.
A: The first relevant question is whether you know where he is now. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: Since the contractor is not licensed, he is not entitled to any compensation for the labor and materials he furnished to your work of improvement, and you are entitled to a refund of any payments you made. The contractor may also be criminally liable. You could file a lawsuit to seek to recover the payments made if you can find the contractor to serve a summons. And consider whether you can find any assets to levy on a judgment obtained in the lawsuit.
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A:
Since the contractor you hired is non-licensed, they may be in violation of California law. You should immediately cease any further payments to the contractor and attempt to document all communication attempts made to resolve the issue. If the contractor is unresponsive, you may consider sending a formal demand letter for completion of the work or a refund of the unearned portion of the payment. If the issue remains unresolved, it is advisable to consult with an attorney experienced in contract and construction law to explore your legal options, such as filing a complaint with the Contractors State License Board or pursuing a civil claim.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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