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Can I sue a homeowner for payment?

CaliforniaLicensesPayment Disputes

I am a non licensed painter. I was hired for a project with the promise that I would get paid $9000. The homeowner fired me when 80% of the job was completed and paid me 35% of the agreed. I have pictures before and after and texts about the agreement.

3 replies

Sep 26, 2020

Yes, you can sue the homeowner for payment. It sounds like you have been improperly terminated on the project, in which case you would be entitled to claim all of the costs you incurred to perform the work plus the profit you would have earned had you fully performed.

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Sep 28, 2020
I'm sorry to say, but it seems like the answer is no; because you are unlicensed. The California Contractor State Licensing Board requires contractors to be licensed for any project valued at $500 or more. For a project of this contract price, you're required to have a C-33 license. Unlicensed contract work is taken very seriously in California. So much so, that under Cal. Bus. and Prof. Code §70131(a), "no person engaged in the business or acting in the capacity as a contractor, may bring or maintain any action, or recover in law or equity, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required." Unlicensed contractors in California have zero recourse if they go unpaid for performing work where a license is required. And could also be subject to other penalties if reported.
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Sep 28, 2020
Unfortunately an unlicensed contractor can’t sue for payment owed on any work which required a license. This is true even if the homeowner knew all along that you were unlicensed. It’s a very strong public policy. So you can’t sue the homeowner, I’m sorry to say.
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