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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1720
Experience:  Practicing Attorney with 10 years experience
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I red a contractor to do work on my back house. I have asked

Customer Question

Hi. I hired a contractor to do work on my back house. I have asked him several times to provide his contactors license but failed to do so. Half way through the work he decided to not finish the job due to not being a licensed contractor and just wanted to get paid for what he did. He delayed my project and I hired a licensed contractor to finish the job. The unlicensed contractor now is trying to sue me at small claims court. The amount is only $1950. However, he sues my mom and not me because he thinks my mom owns the house. He also did work for my mom but she has paid him in full for the work he did for her. She has all her cancelled checks to prove. I do t understand why he would sue her? The work he is trying to sue for is work he had an agreement with me. My mom has a scheduled date to appear in court on Feb 11th. Should she appear in court? Or should I? Should we both? One more thing, the work on the back house does lot have a permit. Will I have a problem in court? It's just a back house that I use as a gym.
Submitted: 10 months ago.
Category: Family Law
Expert:  Asad Rahman replied 10 months ago.

That is very odd. He may have thought your Mom would be easier to take advantage of. You both should go and also file a counterclaim against him for fraud and breach of contract. I'm not sure if the city will fine your for not getting a permit, but it is best to be proactive if you can.

Customer: replied 10 months ago.
Thank you. However, there's no contract between us. He said he just has pictures of work he did. I just don't want to get fined for no permit. The counterclaim will that postpone the court date?
Expert:  Asad Rahman replied 10 months ago.

You had an oral contract by virtue of your agreement to pay him for his services. If it it is in small claims court, they usually will not reschedule, but you can ask for a continuance.

Customer: replied 10 months ago.
I went to court today, they gave me a request to postpone trial. I just want to make sure if I show in court the fact that I have no permit will be an issue. However, I've read that unlicensed contractors cannot sue?
Expert:  Asad Rahman replied 10 months ago.

The small claims court will not really be concerned with the permit issue. That is the city government that you live in. Like I said, you may want to talk to them and let them know you are suing your contractor because you were under the impression he had gotten the permit. You can chance that they will not find out.

I'm not aware of any restriction on unlicensed contractors' rights to sue. He believed you guys had a contract, he did not finish the contract so you have a claim against him.

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