Justia Lawyers and the Legal Process California Civil Jury Instructions (CACI) (2023) Construction Law CACI No. 4562. Payment for Construction Services Rendered - Essential Factual Elements (Bus. & Prof. Code, § 7031(a), (e))

CACI No. 4562. Payment for Construction Services Rendered - Essential Factual Elements (Bus. & Prof. Code, § 7031(a), (e))

Judicial Council of California Civil Jury Instructions (2023 edition)

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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 services;

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.

New May 2021

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

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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

4563-4569. Reserved for Future Use

CACI No. 4562 CONSTRUCTION LAW

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Page last reviewed May 2023

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