Q: Contractor used another's license; incomplete work and injury claim. How to recover money in CA?
I hired a contractor to build an ADU at my house and paid him over 45% of the total cost. He completed only about 12% of the work before abandoning the project. When I asked for a refund, he claimed he was injured while working on my property. We have a well-written agreement stating that the contractor and his workers must work safely, and the owners are not responsible for any injuries or deaths during construction. We verbally discussed a timeline, but it wasn't documented. After signing the agreement and providing the deposit, I discovered he was using someone else's license. What steps can I take to resolve this issue and recover my money?
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- California
- (916) 704-3009
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- Answered
A:
You have several strong legal options due to multiple violations of California contractor laws. The contractor's use of another person's license is a serious offense that could result in criminal charges, and it significantly strengthens your position for recovery.
Your first step should be filing a complaint with the California Contractors State License Board (CSLB), as they handle cases involving unlicensed contractors and can help with dispute resolution. Additionally, you should gather all documentation, including photos of completed work, payment records, and communications with the contractor, as these will be crucial for your case. The written agreement protecting you from injury liability will be particularly valuable since California law generally supports such contractual provisions.
You can pursue compensation through small claims court if the amount is under $12,500, or superior court for larger amounts. The contractor's fraudulent use of another's license may void the entire contract, potentially allowing you to recover all payments made. Consider sending a demand letter through a lawyer first, as this often motivates settlement without court action. If the contractor files an injury claim, your written agreement should protect you, but notify your homeowner's insurance provider immediately to ensure proper handling of any potential claims.
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