What?!

Last week I was contacted by an attorney for whom I regularly do work. Some weeks I ghostwrite a motion or other documents, some weeks I just run documents to the court. Nothing spectacular, but regular, and sometimes interesting work.

But last week he, Pete, called and asked if I had time to research and write a new complaint to be filed in superior court. It was a slow week and I rarely, if ever, tell Pete no. So I asked for details.

Some may see this as an extension of my facebook post that stupid ought to hurt. Others may see themselves in this. For me it is just a little information and maybe some venting.

It seems that this couple, somewhat educated small business owners had come to Pete with a problem. This couple, let's call them Bob and Sally Jone, had hired a "contractor" to build a patio with an outdoor kitchen and to landscape the backyard. Bob and Sally did not sign a contract, they did not ask to see the contractor's license and to date they have paid him, the contractor, more than $30,000.00.

A few weeks ago the contractor approached Bob and said, "I'm done, you owe me $2,000 more on the original agreement and an additional $2,000 for additional work, pay me." Bob's reaction was that the job was not finished and the parts that were supposedly finished were substandard. Bob and Sally had a few concerns they wanted addressed, just little things like the patio did not have a drain and water collected in the middle of it, the pation had cracks in it, the concrete countertops had cracks in them, and several other minor things that needed to be finished or corrected.

The "contractor" refused to finish or correct the project and the next week Bob received a letter from the contractor's attorney demanding payment. Bob called the attorney and explained the problem, the attorney told Bob he would get back to him. The next week Bob was served with a lawsuit stating that the contractor had finished all the agreed upon work in a satisfactory manner and Bob had refused to pay him.

Enter my friend Pete. Bob and Sally were referred to Pete by a friend of a friend and after meeting with them agreed to represent them and help them. Then Pete called me. The first thing Pete asked me to do was to verify if this "contractor" was indeed licensed. In the state of California anyone, other than the property owner, doing home repairs or new construction for an amount in excess of $500 is required to have a valid contractor's license issued by the California State Contractor's Licensing Board.

Well, I went looking and found out that the "contractor" did not have a contractor's license. My assignment from Pete immediately changed from merely defending Bob and Sally to also going on the offensive and firing back a lawsuit on their behalf. In that lawsuit we alleged that the "contractor" was not licensed in doing the work at Bob and Sally's house, that he was required to be licensed and by not being licensed he had violated at least 6 separate statutes.

That was just last week and Pete has not called to say he has heard from the "contractor's" attorney. I'm sure he will shortly.

This all brings me to the point I'm trying to make. Bob and Sally needed to be more diligent at the beginning of this process. I found it somewhat unbelievable that someone would employ another person, not a family member, to do a home improvement for any amount without a written estimate and agreement of the scope of the work and the money to be paid. I also find it hard to believe that they didn't check on the "contractor's" license before they paid him any money. Still, it happened and probably happens more than any of us realize.

So this is just my cautionary tale of the week. Working with attorneys like Pete I have learned that quite a few of the arguments that are in our courts today are there because the parties didn't think they needed a written agreement. This happens with friends, family members and even virtual strangers.

I sure that some of you can identify with Bob and Sally. I hope that we learn from these lessons.