CACI 4562 Payment for Construction Services Rendered—Essential Factual Elements (Bus. & Prof. Code, § 7031(a), (e))
California Civil Jury Instructions CACI
4562 Payment for Construction Services Rendered—Essential Factual Elements (Bus. & Prof. Code, § 7031(a), (e))
[Name of plaintiff] claims that [name of defendant] owes [name of plaintiff] money for construction services rendered. To establish this claim, [name of plaintiff] must prove all of the following:
1.That [name of defendant] [[engaged/hired]/ [or] contracted with] [name of plaintiff] to [specify contractor services];
2.That [name of plaintiff] had at all times during the performance of construction services a valid contractor’s license;
3.That [name of plaintiff] performed these service[s];
4.That [name of defendant] has not paid [name of plaintiff] for the construction services that [name of plaintiff] provided; and
5.The amount of money [name of defendant] owes [name of plaintiff] for the construction services provided.
Directions for Use
Give this instruction in a case in which the plaintiff-contractor seeks to recover compensation owed for services performed for which a license is required. (Bus. & Prof. Code, § 7031(a).)
For element 2, licensure requirements may be satisfied by substantial compliance with the licensure requirements. (Bus. & Prof. Code, § 7031(e).) If the court has determined the defendant’s substantial compliance, modify element 2 accordingly, and instruct the jury that the court has made the determination.
When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the contractor. (Bus. & Prof. Code, § 7031(d).) Proof must be made by producing a verified certificate of licensure from the Contractors State License Board.
For a case involving recovery of payment for services provided by an allegedly unlicensed contractor, give CACI No. 4560, Recovery of Payments to Unlicensed Contractor—Essential Factual Elements.
Sources and Authority
•Proof of Licensure. Business and Professions Code section 7031(d).
•“Contractor” Defined. Business and Professions Code section 7026.
•“[Contractor] has not alleged one contract, but rather a series of agreements for each separate task that it was asked to perform. It may therefore seek compensation under those alleged agreements that apply to tasks for which no license was required.” (Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp. (2017) 12 Cal.App.5th 842, 853 [219 Cal.Rptr.3d 775].)
•“Section 7031, subdivision (e) states an exception to the license requirement of subdivision (a). Subdivision (e) provides in part: ‘[T]he court may determine that there has been substantial compliance with licensure requirements under this section if it is shown at an evidentiary hearing that the person who engaged in the business or acted in the capacity of a contractor (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure to comply with the licensure requirements upon learning of the failure.’ ” (C. W. Johnson & Sons, Inc. v. Carpenter (2020) 53 Cal.App.5th 165, 169 [265 Cal.Rptr.3d 895].)
Secondary Sources
1 Witkin, Summary of California Law (11th ed. 2017) Contracts, § 491
California Civil Practice: Real Property Litigation §§ 10:26–10:38 (Thomson Reuters)
12 California Real Estate Law and Practice, Ch. 430, Licensing of Contractors, § 430.70 (Matthew Bender)
10 California Forms of Pleading and Practice, Ch. 104, Building Contracts, § 104.83 (Matthew Bender)
5 California Points and Authorities, Ch. 50A, Contracts: Performance, Breach, and Defenses, § 50A.52 et seq. (Matthew Bender)
29 California Legal Forms, Ch. 88, Licensing of Contractors, § 88.18 (Matthew Bender)
Miller & Starr, California Real Estate 4th §§ 32:68–32:84