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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 30168
Experience:  Attorney
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A customer was referred to me by my god brother that deliver

Customer Question

hi.a customer was referred to me by my god brother that deliver to her office by ups.the customer needed some painting done because i have a legal painting co.set an appt.arrived there customer show me what needed to be painted,then asked me do i do home improvement,my response was i am not a home improvement contractor and i dont do home improvement.the customer ask me do i know anyone that knows home improvement,my response was a few of my workers knows how to do some of home improvement work,so the worker came by and met with the customer and they worked out a deal.i notice that there was alot of miscellanious work needed to be done that was not in the itial contract.I wrote a new contract for the miscellanious work and she agree with the cost.this day was her anniverseray and she was in a hurry leaving out the door and told me she will give me a check for doing the miscellanious work when she gets back and run a copy of the 2nd contract off.It had gotten to late and it was time for me to leave.when i arrived the next morning and goes down stairs to set up my paint equipment she takes off out the door to work,and i thought maybe she left the check with her husband.I inquire to her husband and he said she is not going to pay u for the miscellanious work i perform until the guy she had do the home improvement finish his work she gave for him to do.I had finish the painting and all the miscellanious that being a sparate contract and i finish the her not paying me for the work i finish i put a stop on the other guys work until she pays me for the work i perform and finish.can she hold my money and not pay me until he finish the work she gave him to do.she now has me going to court for being an unlicense home improvement contractor,and not completing the work she had for him to do.The home improvement guy had already been paid for the 1st half of the work he was to perform.I told her right off the back i am not know home improvement contractor,and dont know the work.
Submitted: 2 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 2 years ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

She has no legal basis for withholding payment on the painting work. If any of the miscellaneous work you performed requires a license you did not have, I'm sorry to say, that's an illegal contract and you cannot sue her for compensation. A judge will not order a person to pay you for work that you weren't legally permitted to do in the first place. You CAN sue her for any work that is covered by the legal painting business you have, or work that doesn't require a license. As long as she was clear that she was hiring the other worker separately under an agreement that you weren't a part of, she can't withhold your money based on him not doing the work.

Note that she can't both sue you for being an unlicensed contractor and for not doing the work. If you're unlicensed, you can't do the work. But you could have problems if you referred her to someone who wasn't licensed to do work that requires a license within the scope of your business. He's your employee and your agent, so if she thought she was hiring your company to do the work, based on the fact that he was doing it, you could have an issue. Gather any documentation you have, like a written estimate from him, texts between the two of you, or testimony from him, that would help. If the state is investigating you for being an unlicensed contractor, you need to be able to prove you're not.

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