I just found out that my construction contractor has no contractor license. He lied to us that he has license while using his working company license. The restaurant that I built is 75% done and I already paid him. He worked so slow and bleached the due date project for 5 months already( we gave him chances). We terminated him last week and let him moved his equipment. I still have my stuff at his house which he said I have to pay him some invoice that he hasn't finished that job before then he will return my stuff which I already paid. What should I do? My husband e-mail his working company that he got side job at my restaurant and used the company license. By the way, is it legal to use the company's license to work his own side job? He also refused to fill w-9 form.
This contractor has done a lot of things wrong. It's illegal for him to use his company's license without permission. Without his own license he can't legally charge you for his work, and he needs to refund you any money ou paid him if you ask for it back. I strongly advise you to consult with an experienced construction attorney about your options and rights here.
Since the contractor appears to be an unlicensed building contractor, you may wish to consider suing for negligence, breach of contract and violation of Business and Professions Code 7031(a) and (b), which are very powerful if they apply. Under section 7031(a), an unlicensed contractor cannot sue to recover any money under law or equity for services and/or materials provided. Thus, the unlicensed contractor should not be able to recover the unpaid balance of the contract from you on a cross-complaint. In addition, under section 7031(b), an unlicensed contractor must return all money paid, even if they did a good job. In addition, the court will have discretion to award treble damages up to $10,000.00 and reasonable attorney's fees. Finally, you may also wish to file a complaint with the California State Contractor's Licensing Board. They may help you mediate your dispute with the unlicensed contractor.
California is a state that is really tough on unlicensed contractors and going down that path could be beneficial to you. Check the permitting with the building department to see if he actually did use his employer's license (at least that's where I would look in Ohio). Then rather than sending an email (email is HORRIBLE for correspondence for a whole lot of reasons) find out who the owner of the business is and contact him or her, then let them know that their company has a permit to do the work on your home and that the workers have stopped working and that you want your money back or the materials delivered to the project. The guy you hired seems sleezy. He isn't likely to have a whole lot of money to pay any judgement that you might get against him. Perhaps pressure from his employer may help you get what you want without an attorney.
If that doesn't work, check Avvo for a local construction lawyer who also has consumer law experience. You might also contact one of the other lawyers who answered as they are both knowledgeable.
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