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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9414
Experience:  since 1983
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My fiancé & I had a roof cleaner take moss off of our roof.

Customer Question

Hi my fiancé & I had a roof cleaner take moss off of our roof.
He was sub contracted out by a "specialist".
The sub contractor flooded our basement so I called the contractor to let him know that we had been remodeling the basement & needed reimbursement for the materials lost. He was not interested in the slightest & accused us of not following the contract.
The thing is WE NEVER SIGNED A CONTRACT.
We never signed a thing.
The contractor refused to come look at the damage. I took video, picture's, & sent it all to him.
I asked him for his Contractors license #, & insurance info.
He did not respond.
My fiancé & I looked through L&I & found out that he is using a false name. We did manage to locate his information & called his insurance.
We made a claim & an adjuster came out.
We received a settlement, & thought the case was closed.
Wrong.
The contractor is now attempting to send us to collections for an unpaid bill.
We have not received any mailed info requesting pa
Submitted: 2 years ago.
Category: Consumer Protection Law
Customer: replied 2 years ago.
It seems that the initial explanation was cut off.
We have not received any mailed information requesting payment. The contractor has called on two occasions to leave voice mail about sending us to collections.
We just received the insurance claim & are fairly certain that the contractor is not following legal work practices. Not to mention unfair or unethical work methods.
We never signed a contract.
We had no information provided by him when asked.
Have found out that he had his insurance suspended for over a year, but continued to contract out during that time. (Yelp reviews speak of horrible incidents during such time.)
Is he within legal or lawful practices?
Can he send us to collections if we have not signed a contract, had to make an insurance claim due to damages, did not finish the entire job, & lied about his legal information he is expected to provide when asked?
Customer: replied 2 years ago.
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Expert:  N Cal Attorney replied 2 years ago.

Thank you for your question.

His bill is legally unenforceable.

RCW 18.27.080

Registration prerequisite to suit.

No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he or she was a duly registered contractor and held a current and valid certificate of registration at the time he or she contracted for the performance of such work or entered into such contract. For the purposes of this section, the court shall not find a contractor in substantial compliance with the registration requirements of this chapter unless: (1) The department has on file the information required by RCW 18.27.030; (2) the contractor has at all times had in force a current bond or other security as required by RCW 18.27.040; and (3) the contractor has at all times had in force current insurance as required by RCW 18.27.050. In determining under this section whether a contractor is in substantial compliance with the registration requirements of this chapter, the court shall take into consideration the length of time during which the contractor did not hold a valid certificate of registration.

from

http://apps.leg.wa.gov/rcw/default.aspx?cite=18.27.080

Even a licensed contractor doing business under a name that is not licensed would probably be considered an unlicensed contractor. Plus the fact that there is no written contract makes the claim invalid.

If a debt collector tries to collect, you can cite the above statute and tell them they are violating section 808(1) of the FDCPA, see

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

See

http://www.builderscounsel.com/2010/09/unregistered-contractor-washington-law-prevents-you-from-collecting-payment/

for more information on the license requirement.

I hope this information is helpful.