[CLC-Discussion] Interior decorator license

[Larry Leiby]

While it may or may not help in your existing case, and I don't have the answer without doing some research (and it may be an open issue), to avoid the issue your decorator should be hiring these specialty contractors as agents of the owner rather than on the decorator's own account.  

Of course the trade contractors could avail themselves of lien rights.  If your decorator is on the hook to the trades and they did not serve notice (and it can't be established that your decorator was only acting as agent for the owner, not as a contractor,) you may try a claim for unjust enrichment (understanding that the owner will argue that if a license is required you likely can't get around that by unjust enrichment).

Whether or not the argument that the decorator was acting as the owner's agent (with knowledge by and authority of the owner to get someone to do the work) will depend on your facts.

With respect to not paying the decorator for decorator services performed, I don't see the hiring of subs to be an effective defense (just my opinion).  I wonder if she billed supervision of the trades or for discrete decorator services.


-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Paul Ppacchianaesq
Sent: Thursday, January 08, 2015 7:50 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Interior decorator license

I have a client with an interior decorator license who hired a licensed plumber and electrician to do some simple work, eg: replacing sink, hanging lighting fixtures, etc. in connection with a larger design project. Homeowner refuses to pay saying she acted as a general contractor which is beyond the scope of her license. Any thoughts?

Paul Pacchiana
Attorney at Law

Sent from my iPad

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