Fechi v. Trojan Construction Co.

McGOLDRICK, J. pro tem.

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This action for the balance of an amount due under a construction contract was tried before the court sitting without a jury, the court finding in favor of plaintiff, awarding him judgment for the amount due under the contract. Defendant moved for a new trial and from the court’s denial thereof and from the judgment, now appeals.

In May 1957, George Fechi, doing business as Fechi Construction Company, entered into a construction contract with the Trojan Construction Company wherein the respondent, George Fechi, doing business as Fechi Construction Company, agreed to supply the labor, tools, and equipment necessary to complete all the rough and finished carpentry work and common labor required in the construction of 16 residences in a certain subdivision owned by appellant. The amount of the contract was $30,750. Respondent completed the work without criticism or complaint from appellant. However, the latter subsequently refused to pay the sum of $8,071.82 of the original contract price, plus $2,903.74 for “extras” which appellant had requested during the course of respondent’s performance.

Appellant defended the action in part upon the ground that respondent was not licensed as required by law and counterclaimed and cross-complained for damages in the amount of $16,226.50 which appellant alleged he had suffered as the result of respondent’s faulty workmanship and claims of lien. The evidence as to the validity of respondent’s claim for “extras” was in conflict, the trial court finding in favor of

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respondent. The evidence in relation to appellant’s claim that respondent delayed in his performance, and his workmanship had been defective was in conflict also

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the trial court resolved this in favor of respondent.

The main contention of appellant is that respondent failed to prove himself to be a duly licensed contractor and that, therefore, he was precluded from prevailing in the action by virtue of section 7031, Business and Professions Code. Section 7031, Business and Professions Code reads in part as follows:

“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 act or contract for which a license is required by this chapter without alleging and proving that he was a duly licensed contractor at all times during the performance of such act or contract.”