Need help determining what to sue "contractor" for in California

[2trusting]

I knowingly hired an unlicensed contractor to do some work in my kitchen (drywall patching, update some outlets, install cabinets & molding, install dishwasher and plumbing). He verbally quoted myself and my partner a flat rate of $900 and said it "included everything" and would be complete in 3 days. He reiterated his quote to me via text. His timeframe seemed reasonable since my kitchen is 9' x 8' and the cabinet company said it should take LESS than one day to install the cabinets.

After day 2, Mr. "Contractor" indicated that supplies were NOT included and were up to $500. I requested receipts but it's hard to tell what's what plus he had personal purchase on them.

Meanwhile, the job dragged on for 6 days over 3 weekends (he was fitting me in between his other jobs). Part of why it took longer was that he cut the crown molding too short and had to recreate it from scratch, plus he was always late (one day he didn't show up till 1:40pm) so he wasn't working full days.

After day 6, he damaged my refrigerator and we had a falling out. I already paid him $1100 but withheld the $300 balance until I knew the cost of repair and told him we'd settle up in one week. (The damage turned out to be $697.) He left angrily and began sending me threatening texts lasting from from 7pm till midnight, including one where he claimed to be a licensed contractor and was going to sue me.

The next day he arrived at my home unannounced demanding payment of $1000 since he worked so many extra days. I refused to pay him another dime since I had just examined/photographed my kitchen for the first time and saw all the damage he did to my cabinets. There were nails and screws popping through the insides of the cabinets, numerous scratches, splitting wood, etc... Additionally, he did not finish the drywall texture, install plumbing, fill nail holes and one outlet was left hanging out of the box.

An attorney told me I should sue him in small claims for the following, but I need help attaching dollar amounts to the last four items:
- The money I paid him ($1100) plus triple damages ($3300) for working unlicensed = $4400
- Refrigerator damage = $697
- Court filing fees = TBD upon filing
- Cost to finish the work = Will get estimate
- Breach of Contract = ?
- Violation of Business Professional Codes Standards = ?
- Professional Negligence = ?
- Fraud (for later claiming he was licensed) = ?

I know it's not likely I will ever collect but I would still appreciate your help in determining these amounts. Thank you.

 

[Proserpina]

Hopefully that same attorney has mentioned the concept of "unclean hands"?

 

[Betty3]

If you haven't heard of the concept of "unclean hands" - you can do a google search but here is one link for you.

http://legal-dictionary.thefreedictionary.com/unclean+hands

 

[2trusting]

If you haven't heard of the concept of "unclean hands" - you can do a google search but here is one link for you.

http://legal-dictionary.thefreedictionary.com/unclean+hands

I'm sorry; I clearly do not understand. What have I done that is "unethical" in this situation? Hiring someone who was not licensed? For the sake of brevity, I did not mention that this individual was originally at my home to bid on only a small portion of this project which he estimated at $300. While there, he saw all the other work that needed to be done and convinced me to let him do everything. I know, that was stupid, but under the circumstances I was in at the time I just needed it done and went with it. Would I do that again? Heck NO! But I can't go back.

 

[army judge]

I'm sorry; I clearly do not understand. What have I done that is "unethical" in this situation? Hiring someone who was not licensed? For the sake of brevity, I did not mention that this individual was originally at my home to bid on only a small portion of this project which he estimated at $300. While there, he saw all the other work that needed to be done and convinced me to let him do everything. I know, that was stupid, but under the circumstances I was in at the time I just needed it done and went with it. Would I do that again? Heck NO! But I can't go back.

As was suggested, you might want to educate yourself on "unclean hands".
That said, even if you were to prevail in small claims, you'd have to perfect or register your judgment, then try to collect on it.
Collecting from a scammer, a deadbeat, a shyster, a conman, a trickster, or even John/Jane Doe isn't easy!
Small claims can be more frustrating than the reliving the incident that brought about the problem.

 

[2trusting]

Yes, I did look it up which is why I asked what I have done that was unethical? As stated in my original post, I know that I won't be able to collect. My question had to do with monetary amounts that are legally allowed for the infractions listed above. Instead, I am getting opinions on the fact that I hired someone who was unlicensed...even though what I was originally hiring him for was perfectly legal (under $500) and then got charmed into giving him all the work. Good to know I'm the only one who has ever made a mistake...

 

[Michael Wechsler]

Yes, I did look it up which is why I asked what I have done that was unethical? As stated in my original post, I know that I won't be able to collect.

You're completely missing the point - the doctrine of unclean hands may preclude from being able to obtain a judgment. You will probably not get far enough to the point of having a problem with collection.

In short, you hired an unlicensed contractor. You're right that people do many unethical activities that are much worse than this - agreed. But what the court is saying is that the state has licensing in place for a reason. This is to provide some reasonable basic level of assurance that a licensed contractor is sufficiently competent and skilled to do such construction jobs. The court does not want to adjudicate cases that involve contractors who don't have a license. They don't want to waste time guessing whether this particular contractor was competent enough to do the job and acted in a negligent fashion. That's why a license is required, to separate the wheat from the chaff. You were given the option not to cut corners and hire a licensed contractor as is required - so you are coming into court with "unclean hands" and the court will not entertain cleaning up this mess that it believes you contributed to significantly.

So in short, the court may toss out your claim - I don't know although you can try. But don't be surprised if the court's position is that they won't listen further once you inform them that you knowingly hired an unlicensed contractor.

 

[2trusting]

You're completely missing the point - the doctrine of unclean hands may preclude from being able to obtain a judgment. You will probably not get far enough to the point of having a problem with collection.

In short, you hired an unlicensed contractor. You're right that people do many unethical activities that are much worse than this - agreed. But what the court is saying is that the state has licensing in place for a reason. This is to provide some reasonable basic level of assurance that a licensed contractor is sufficiently competent and skilled to do such construction jobs. The court does not want to adjudicate cases that involve contractors who don't have a license. They don't want to waste time guessing whether this particular contractor was competent enough to do the job and acted in a negligent fashion. That's why a license is required, to separate the wheat from the chaff. You were given the option not to cut corners and hire a licensed contractor as is required - so you are coming into court with "unclean hands" and the court will not entertain cleaning up this mess that it believes you contributed to significantly.

So in short, the court may toss out your claim - I don't know although you can try. But don't be surprised if the court's position is that they won't listen further once you inform them that you knowingly hired an unlicensed contractor.

Thank you for taking the time to explain this to me and for providing me with some useful feedback. I am not in the legal profession, nor do I have any experience with legal matters, so I sincerely appreciate your insight in this matter. Many thanks.