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Home>Levelset Community>Legal Help>Painter has contactors liscense, however, acting as general including doing termite remeadiation, electrical, hiring plumbers, etc

Painter has contactors liscense, however, acting as general including doing termite remeadiation, electrical, hiring plumbers, etc

CaliforniaConstruction ContractLicensesPayment Disputes

Contractor put in bid to do work for 25 K, now he states with costs overruns he has submitted a bill for 35 K, several home inspection items not completed excuses due to working on three other major renovations ( houses,) and requests for receipts for materials and labor. Meting this date at 1600 hrs, now termite issues (profession termite inspection and bid performed 7/2/19 ( $3,500 + -) missed due to his own termite inspection 4/5/19 including removing and replacing exterior wood and ignoring interi attic, garage etc.

1 reply

Jul 5, 2019
I'm really sorry to hear about that. I'm guessing you're the owner of this property, wondering about whether a painter is entitled to payment for cost overruns when acting outside of their normal scope? If not - feel free to come back to the Ask an Expert Center to clarify!

Anyway, California is strict when it comes to licensing requirements. So, if a contractor is licensed for one trade, but actually performs work that requires a totally different licensure, that contractor might not be entitled to recover payment for the "unlicensed" work. This is particularly true for home improvement work, where California tends to crack down even harder on the rules. You can find more information on licensure and payment recovery at these web pages: (1) California Contractors License and the CSLB: Understanding the Rules; (2) California Home Improvement Contracts Require Specific Language; and (3) Breakdown of California Licensing Rules.

Further, if a contractor has threatened or actually filed a lien on your property, these resources might be helpful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?. But, if a lien claim is in play, it might be worthwhile to consult a local construction or real estate attorney. The stakes are high when the property title could be affected, and an attorney will be able to review all relevant details, documents, and communications and advise on how best to proceed.
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