Unlicensed Contractor Legal Consequences

Summary

An elderly man in California accidentally damaged a homeowners yard. The homeowner demanded repairs unrelated to the accident and a warranty for the plants. The mans daughter, Vanessa, hired a contractor to repair the damage. However, the contractor was unlicensed, which could lead to legal issues as California law requires contractors for home improvement work to be licensed, regardless of the size of the job. Vanessa paid the contractor in cash without receiving a receipt or any form of written acknowledgment. She also did not have a written contract with the contractor, which is required in California for home improvement projects over $500.

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My 80 years old father pressed the wrong pedal and hit someone front yard. We asked the contract to repair the yard, but the homeowner asked us to repair something that is not related to accident
What state did this incident occur in, ****? Different states have different laws regarding property damage liability.
California
What is the extent of the unrelated repairs the homeowner is asking for? In California, a person is only liable for damages directly caused by their actions.
asking for warranty of the plants while didn't have irrigation system
What type of warranty is the homeowner asking for the plants? In California, liability is generally limited to damages directly caused by the incident.
warranty of the plant that won't die within a year. Plus need to be same size of the original plants
What type of plants are they and what is their average lifespan? In California, liability is limited to direct damages. Warranties for plants may not be enforceable.
Ligustrum japonicum 'Texanum' and 30 years life span
What is the estimated cost of replacing the Ligustrum japonicum 'Texanum' plants? In California, you're only liable for the direct damages caused by the accident.
$*
What is the estimated cost of the unrelated repairs the homeowner is asking for?
I don't know
Could you please provide an estimate or range for the cost of the unrelated repairs the homeowner is asking for?
$*
What is the estimated cost of the damages directly related to the accident?
$*
What is the homeowner's response when you mentioned that you are only liable for the damages directly caused by the accident?
originally he said that area is not from accident. After several days, he changed
What evidence do you have to prove that the area he is asking to be repaired was not affected by the accident?
I don't know
Do you have any photos or videos from the accident scene that could help establish the extent of the damage caused by the accident?
yes
What does the photo or video evidence show in relation to the damage caused by the accident?
yes
What does the photo or video evidence show specifically about the area the homeowner claims was affected by the accident?
After my contractor finishes all the repairing front yard, do I need to ask homeowner to accept the work?
Yes, it's generally a good practice to have the homeowner inspect and accept the work to avoid any future disputes.
Homeowner mentioned he couldn't accept the work unless there is a warranty
What type of warranty is the homeowner asking for? In California, home improvement contracts must have a warranty, typically one year for labor and materials.
warranty of repair
In California, a warranty of repair typically covers the cost of labor and materials for a certain period. Is the homeowner asking for a specific duration for this warranty?
no
What is the duration of the warranty you are willing to provide for the repair work?
I don't want to, since there are some plants next to the repaired wall. The plant root will go to the wall to cause some damage
Have you discussed your concerns about the potential damage from the plant roots with the homeowner?
no
It's important to communicate your concerns with the homeowner. Would you like some advice on how to approach this conversation?
yes
When discussing with the homeowner, be clear about your concerns regarding the plant roots. Suggest a solution, like a limited warranty or excluding damage caused by the plants.
what is a limited warranty
A limited warranty is a warranty that covers only specific parts, certain types of defects, or other specific conditions. It's less comprehensive than a full warranty.
what kind of question should I ask homeowner after my contractor completed the work
You could ask the homeowner, "Are you satisfied with the quality of the work done? Do you have any concerns or issues that need to be addressed?"
if they said no, what should I say
If they say no, you could ask, "Could you please specify what aspects of the work you are not satisfied with so we can address them?"
can I ask "can u accept the work
Yes, you can ask the homeowner if they accept the work. It's a good way to confirm their satisfaction and close the project.
give me an example
After the completion of the repair work, you could ask the homeowner, "Are you satisfied with the repairs and can you accept the work as completed?"
give me the other version
After the repair work is done, you might say to the homeowner, "Do you find the repair work satisfactory and are you ready to consider it complete?"
give me the version that the homeowner will have higher chance to say yes
"After reviewing the completed repair work, do you feel the quality meets your expectations and are you comfortable acknowledging the project as finished?"
shorter
"Are you satisfied with the repairs and ready to consider the project complete?"
I hit someone front yard, and I hire contractor to do repair. Do they need to have licensed? It was small repair job without any permit
In California, contractors for home improvement work generally need to be licensed, regardless of the size of the job.
what if the contractor didn't have license
In California, hiring an unlicensed contractor can lead to legal issues. What kind of work did the contractor perform?
repair 2ft wall and plant * shrubs
Did the contractor provide a written contract before starting the work? In California, it's required for home improvement projects over $*.
no
In California, it's legally required for home improvement projects over $* to have a written contract. It's advisable to always have a contract, regardless of the project's size.
the contractor is referral from other contractor
Did the referring contractor provide any information about the referred contractor's license status?
he said no license
What was the total cost of the repair work done by the unlicensed contractor?
$*
In California, it's illegal to hire unlicensed contractors for home improvement projects over $*. You may face legal issues and fines. Did you pay the contractor yet?
yes
Did you receive a receipt or any form of written acknowledgment for the payment you made to the contractor?
no
What was the method of payment you used to pay the contractor?
cash
Did you get any proof of payment like a signed receipt or a written acknowledgment when you paid the contractor in cash?
no
Did you discuss the lack of a written contract with the contractor before the work began?