Homeowners’ Legal Options When Using Unlicensed Contractors in 2024 (Here’s What to Do)

Homeowners’ legal options when using unlicensed contractors help protect property owners during disputes. For projects above $500, it’s essential to understand what to do if you find out your contractor is not licensed.

Many ask, ‘Can I sue an unlicensed contractor?’ or ‘Can an unlicensed contractor sue me?’ knowing how to file a complaint against an unlicensed contractor through your state licensing board is the first step toward recovery.

Enter your ZIP code to speak to an attorney and learn how to take legal action.

Working With Unlicensed Contractors 

Every state requires a written contract for improvements typically exceeding $500, which must be dated and signed by the homeowner. Contractors without licenses cannot operate legally.

In addition, if homeowners are looking for contractors, many state statutes require the contractor’s license number on the contract and guide you on how to report unlicensed contractor complaints to the state licensing board. This information should be conspicuously placed on the document with the address and telephone number of the board.

For homeowners wondering, “Can the contractor sue the homeowner?” or “Can I sue an unlicensed contractor?” be aware that if an unlicensed contractor does a remodel where costs exceed the threshold amount, state statutes protect you. The reason is that many states restrict contracting without a license and prohibit filing lawsuits for payment.

State legislatures enacted these statutes to protect the public from unauthorized construction. They require class attendance and passage of a state examination because you cannot be a contractor without a license. This ensures proper training, education, and experience to perform work professionally.

If a non-licensed contractor remodels a bathroom exceeding $500 and the work is defective, the homeowner can withhold payment and hire a licensed contractor for repairs. Even if a contractor lied about insurance, homeowners can pursue legal action for recovery costs.

Read More: Suing Your Home Construction Contractor or Builder for Construction Defects

If an unlicensed builder installs an irrigation system flawlessly under a written contract for $4,500 and demands payment, most states protect the homeowner from payment obligations. Furthermore, these laws prevent an uninsured contractor sues the homeowner situation, resulting in the homeowner potentially receiving free services.

Case Studies: Legal Options Available to Homeowners With Unlicensed Contractors

When homeowners wonder if they can sue a contractor without a license or hire repairs through an unlicensed handyman, these real-world cases provide valuable insights. While it is illegal to use an unlicensed contractor depending on state laws, these examples demonstrate how property owners have successfully protected their investments through legal action.

Case Study #1: The Smith Bathroom Remodel

Mr. and Mrs. Smith hired an unlicensed contractor, John Davis, to remodel their bathroom in the Smith Bathroom Remodel case. Unfortunately, the tile work performed by Davis was defective, lacking a proper moisture barrier as required by industry standards. The Smiths discovered the issue and refused to pay Davis for his services.

They hired a licensed contractor to rectify the faulty tile work and filed a lawsuit against John Davis to recover the costs incurred. This case highlights the homeowner’s legal entitlement to withhold payment from an unlicensed contractor and seek compensation for remedial work.

Case Study #2: The Johnson Irrigation System

In the Johnson Irrigation System case, Mr. Johnson engaged an unlicensed landscaper, Sarah Thompson, to install an irrigation system in his backyard. The installation was flawless, meeting all the requirements outlined in their written contract. However, due to Thompson’s lack of a contractor’s license, Mr. Johnson was not legally obligated to pay the agreed-upon amount.

Thompson was unable to file a lawsuit for payment, faced financial losses, and was unable to enforce the contract. This case underscores the importance of homeowners’ rights and the risks of hiring unlicensed contractors.

Case Study #3: The Miller Lawsuit for Defective Roofing

In the Miller Lawsuit for Defective Roofing case, Mr. Miller hired an unlicensed contractor, James Roberts, to replace his roof. After completion, Miller discovered multiple leaks and significant damage caused by the faulty roofing job. Dissatisfied with Roberts’ work, Miller filed a lawsuit against him for damages, including the cost of repairing the roof and related losses.

Read More: What is the duty to mitigate damages?

Despite the challenges in collecting the awarded amount from an unlicensed contractor, Miller pursued legal action to hold Roberts accountable. This case emphasizes the importance of seeking legal counsel and understanding the potential obstacles when dealing with unlicensed contractors.

These cases reveal important lessons about licensed vs. unlicensed contractor disputes. Whether suing a contractor without a contract or facing defective work, homeowners have legal options. However, avoiding future issues starts with understanding the penalty for using an unlicensed contractor in your state and verifying credentials before any project begins.

The Success of Filing a Lawsuit Against an Unlicensed Contractor

Regarding unlicensed contractor rights, be aware that these contractors may have few personal assets and often can’t be located after disputes arise. However, when suing an unlicensed contractor in California or other states, filing a complaint can lead to a default judgment if they don’t respond.

The cost of getting a default judgment early in litigation is relatively low, with attorney’s fees ranging from $1,500 to $2,000, and the judgment can be renewed within ten years. While contractors sue homeowners, understand that homeowners can assign judgments to collection agencies to handle recovery costs.

If collection fails, there may be tax advantages in writing off the judgment. While a penalty for hiring an unlicensed contractor exists, the bigger challenge is that litigation expenses may not be recovered even with a favorable judgment.

Unlike licensed contractors who typically operate through bonded companies, contractors without licenses rarely have proper business structures or bonds. Read more about licensed and bonded contractors.

Before reporting an unlicensed contractor, enter your zip code and consult an attorney experienced in construction law who can guide you through recovery options and protect your rights.