Irvine, CA asked in Construction Law for California

Q: have LLC construction activitiesBut don't have contractor license I did a job for h ,owner now she want her money back

I did construction job ,I don't have license. Now the owner wants her money back or small clim crt.

The job done under LLC name ,

Can she sue me or she can sue the LLC?

Which better: give her money back face to face ?or go to court? Please help

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, performing construction work without a contractor's license can lead to serious legal consequences. If you completed a job without a license, the client has the right to request a refund, even if they were initially satisfied with the work.

The legal liability in this case would typically fall on the LLC, as the work was done under the LLC's name. However, if it's found that the LLC was operating illegally or fraudulently, personal liability could also be a concern.

In terms of resolving this issue, if the client is demanding a refund, it might be more prudent to settle the matter outside of court. Going to court can be costly, time-consuming, and might result in additional penalties or fines, especially considering the lack of a contractor's license.

Before making a decision, it's advisable to consult with a legal professional. They can provide guidance on the best course of action based on the specifics of your situation. They can also help in negotiating a settlement, if that is the chosen path.

Finally, it's important to consider obtaining the necessary licenses for future construction work to avoid similar issues. California law is strict about unlicensed construction activities, and operating within the legal framework is crucial for the success and legality of your business.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: If I was her attorney, I would sue the LLC and you personally. If I was your attorney, I would need more information to advise you (e.g. how much $ is a stake, how much could this hurt you even if you win, etc.)

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