Sylmar, CA asked in Business Law, Construction Law and Small Claims for California

Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely redone and I'd like to get back some if not all of the money I paid him. Is that possible?

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

A: In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed contractors.

Additionally, small claims court is another avenue where you can seek reimbursement for the money paid, especially since the amount is over $10,000. It's important to gather all documentation related to the work, payments made, and any communication with the contractor.

You should also consider consulting with an attorney who has experience in construction law. They can advise you on the best course of action, including potentially negotiating with the contractor for a refund or taking legal action. Keep in mind that the legal process can be complex, especially when dealing with unlicensed individuals, so professional guidance can be crucial.

Remember, every case is unique, and the outcome will depend on the specifics of your situation. Legal advice tailored to your circumstances can help ensure the best possible approach to recovering your funds.

Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Construction Law Lawyer
  • Sebastopol, CA
  • Licensed in California

A: In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they were unlicensed at the time you hired them and for a possible award of your attorneys' fees to recover that money, as well as additional civil penalties against the contractor up to $10,000.

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