Understanding Painting Contracts in California: What to Look For

When you hire a painting contractor in Lafayette or anywhere in California, a written contract is your most important protection. It spells out what work will be done, how much you'll pay, when the project will be completed, and what happens if something goes wrong.

But not all painting contracts are created equal. California has specific legal requirements for home improvement contracts, and understanding these requirements helps you spot red flags before you sign anything.

We've been painting homes across the East Bay for over 20 years, and we've seen every type of contract—from thorough, professional agreements that protect both parties to vague handshake deals that lead to disputes and frustration.

In this guide, we'll walk you through California's contract requirements, explain what every painting contract should include, and help you identify warning signs that suggest a contractor isn't operating professionally or legally.

California Legal Requirements for Home Improvement Contracts

California law treats painting as a "home improvement" contract, which means it's governed by specific regulations in the California Business and Professions Code.

These requirements exist to protect homeowners from fraud, shoddy work, and contractors who disappear mid-project. Knowing what the law requires helps you evaluate whether a contractor is operating legally.

Written Contract Required for Jobs Over $500

If your painting project costs more than $500 (which includes almost all professional painting jobs), California law requires a written contract. Verbal agreements aren't enforceable for projects above this threshold.

The contract must be presented to you before any work begins or any payment is made. You should have time to read it, ask questions, and negotiate terms before signing.

If a painting contractor in Walnut Creek or Concord tells you "we'll write it up later" or "just give me a deposit and we'll get started," that's a major red flag.

Contractor License Number Must Be Displayed

Every painting contractor in California operating on jobs over $500 must hold a valid contractor's license. For painting, this is typically a C-33 (Painting and Decorating) license.

California law requires the contractor's license number to appear on the contract in at least 10-point type. It should also be on business cards, estimates, and advertisements.

You can verify any California contractor's license status on the Contractors State License Board (CSLB) website. Check that the license is active, in the contractor's name, and in good standing with no serious disciplinary actions.

If a contractor can't or won't provide a license number, don't hire them. Operating without a license is illegal, and unlicensed contractors have no legal right to enforce payment or file a lien on your property.

Three-Day Right to Cancel

California's Home Solicitation Sales Act gives you three business days to cancel most home improvement contracts if the sale was initiated anywhere other than the contractor's place of business.

This applies if the contractor came to your home for an estimate, contacted you by phone, or met you at a trade show. It doesn't apply if you went to the contractor's office to sign the contract.

The contract must include a notice of your right to cancel in 10-point bold type. The notice explains how to cancel and provides the deadline.

This cooling-off period protects you from high-pressure sales tactics. If you feel rushed or uncertain after signing, you can cancel without penalty within three days.

Required Contract Elements

California law specifies what must be included in every home improvement contract. Here's the complete list:

1. Contractor's name, business address, and license number

The business name should match the name on the contractor's license. If they're doing business under a different name (DBA), that should be noted.

2. Project description and scope of work

This should detail what surfaces will be painted, how many coats will be applied, what preparation work is included, and what's excluded from the project.

3. Start and completion dates

The contract should specify when work will begin and when it will be substantially completed. California law allows for reasonable delays due to weather, material availability, or unforeseen conditions.

4. Total contract price

The full cost must be stated clearly. If the price is subject to change based on square footage, additional repairs, or other factors, the contract should explain how those charges will be calculated.

5. Payment schedule

The contract must outline when payments are due and how much is due at each stage. California law limits the down payment a contractor can require.

6. Statement of your cancellation rights

If the contract is subject to the three-day cancellation rule, this must be explained in bold type.

7. Notice about mechanic's liens

The contract should explain that subcontractors and suppliers can file liens on your property if they're not paid, even if you've paid the contractor. This notice must include information about preliminary notices and your right to request a payment and performance bond.

If any of these elements are missing, the contract doesn't meet California legal requirements. That doesn't automatically mean the contractor is dishonest, but it does suggest they're not familiar with state law or not following it carefully.

What Else Should Be in Your Painting Contract?

Beyond the legal requirements, a professional painting contract should include several additional elements that protect both you and the contractor.

Detailed Scope of Work

The more specific the scope of work, the fewer surprises you'll have. A good painting contract breaks down exactly what will be painted and how.

For an interior repaint in a Lafayette home, this might include:

• Rooms to be painted (list them specifically)
• Walls, ceilings, trim, doors (specify which)
• Number of coats (primer plus two coats, for example)
• Surface preparation (patch holes, caulk cracks, sand glossy surfaces)
• Protection measures (move furniture, mask floors and fixtures)
• Cleanup procedures (vacuum, remove debris, return furniture)

For an exterior paint job in Orinda or Moraga, the scope should specify:

• Surfaces to be painted (siding, trim, fascia, soffits, doors, windows)
• Preparation work (power washing, scraping, sanding, caulking, priming)
• Repair work included (wood repair, dry rot replacement, if any)
• Number of coats
• Paint products to be used (brand and product line)
• Areas excluded (garage interior, fences, etc.)

Vague language like "paint the house" or "standard interior prep" leaves too much room for disagreement later.

Paint Products and Materials

The contract should specify what paint will be used—brand, product line, and sheen.

There's a big difference between "paint the living room with Sherwin-Williams" and "paint the living room with Sherwin-Williams Emerald in eggshell sheen." Premium lines cost more and perform better, but only if they're what you actually get.

We always specify products in our contracts: "Dunn-Edwards EVERSHIELD exterior satin" or "Sherwin-Williams Emerald interior eggshell." This prevents the contractor from substituting cheaper paint after you've agreed on a price.

Color Selection Process

Who chooses the colors, and when? Some contractors include color consultation as part of the service. Others expect you to have colors selected before they start.

The contract should clarify this. If the contractor is helping with color selection, that should be noted. If you're responsible for choosing colors, the contract should specify a deadline so the project doesn't get delayed.

It should also address what happens if you change your mind about a color after work has started. Most contractors charge for repainting walls in a different color than originally agreed.

Timeline and Schedule

California law requires start and completion dates, but a detailed contract goes further.

It might specify which days of the week the crew will work, what hours they'll be on site, and how long each phase will take. For occupied homes in Concord or Pleasant Hill, knowing the schedule helps you plan around disruption.

The contract should also address delays. What happens if rain pushes back your exterior painting project? What if paint is backordered? A professional contractor builds reasonable flexibility into the timeline while committing to communicate any changes promptly.

Payment Schedule and Terms

California law limits down payments to $1,000 or 10 percent of the contract price, whichever is less, for contracts under $5,000. For contracts over $5,000, the down payment can't exceed $1,000 or 10 percent, whichever is greater.

These limits protect homeowners from contractors who collect large deposits and then disappear.

A typical payment schedule for a $4,000 interior painting project might look like:

• $400 deposit at contract signing (10%)
• $1,600 upon completion of preparation work (40%)
• $2,000 upon final completion and your approval (50%)

The final payment should always be withheld until you've inspected the work and confirmed it meets the contract specifications.

Never agree to pay the full amount upfront. Legitimate contractors don't need or want full payment before starting work.

Change Order Procedure

Even the best-planned painting project can require changes. You might discover dry rot that needs repair, decide to add another room, or change your mind about a color.

The contract should explain how changes are handled. Typically, any change to the scope of work requires a written change order signed by both parties before the work is done.

The change order should detail the additional work, the cost, and how it affects the timeline. This prevents disputes about "extras" that weren't agreed to upfront.

Warranty and Guarantee

What guarantee does the contractor offer on their work? Most professional painters warranty their workmanship for at least one year.

The warranty should cover paint failure due to improper application—peeling, cracking, poor adhesion. It typically doesn't cover damage you cause or normal wear and tear.

The contract should spell out the warranty period, what's covered, and what's not. It should also explain how to make a warranty claim if needed.

At Lamorinda Painting, we offer a six-year warranty on all our work. If the paint fails due to our application error, we fix it at no charge. That's unusual in the industry, but we stand behind our work.

Insurance and Licensing Verification

The contract should confirm that the contractor carries general liability insurance and workers' compensation insurance if they have employees.

You have the right to ask for proof of insurance—a certificate of insurance from the contractor's insurance company. This protects you if a worker is injured on your property or if the contractor damages your home.

Some homeowners in Danville or Alamo ask for the contractor's license bond information as well. California requires contractors to post a bond that can be claimed if they violate licensing laws or abandon a project.

Lien Waivers and Releases

California's mechanic's lien laws allow subcontractors and suppliers to file liens on your property if they're not paid, even if you've paid the general contractor in full.

To protect yourself, you can request conditional and unconditional lien releases at each payment milestone. These are documents signed by the contractor (and any subcontractors or suppliers) confirming they've been paid and waiving their right to file a lien.

For larger projects, some homeowners require lien releases before making progress payments. This ensures that money you pay to the contractor is actually being used to pay workers and suppliers.

Red Flags to Watch for in Painting Contracts

Over the years, we've heard stories from frustrated homeowners across the East Bay about contract problems. Here are the warning signs that suggest you should walk away.

No Written Contract

If the contractor resists putting the agreement in writing or says "we'll just handle it as we go," don't proceed. This violates California law and leaves you with no recourse if problems arise.

Missing or Invalid License Number

Always verify the contractor's license number with the CSLB. If the number doesn't appear on the contract, isn't valid, or doesn't match the contractor's name, don't hire them.

Unlicensed contractors can't sue you for payment, but you also have limited recourse if they do poor work. And their insurance (if they even have insurance) likely won't cover problems.

Excessive Down Payment

California law limits down payments for good reason. If a contractor asks for 50 percent or more upfront, especially on a smaller project, that's a red flag.

Legitimate contractors have enough operating capital to buy materials and start work without taking most of your money in advance.

Pressure to Sign Immediately

High-pressure tactics—"this price is only good if you sign today" or "I can start tomorrow but I need the deposit now"—suggest the contractor is more interested in getting your money than doing good work.

Professional contractors give you time to read the contract, get other estimates, and make an informed decision.

Vague or Missing Scope of Work

If the contract says "paint house" without specifying which surfaces, how many coats, or what preparation is included, you're setting yourself up for disputes.

A professional contract is detailed and specific. Anything less suggests the contractor is either inexperienced or intentionally leaving things vague to avoid accountability.

Cash-Only or Under-the-Table Payment

Some contractors offer a discount for cash payment "to avoid taxes." This is tax fraud, and it leaves you without any paper trail if problems arise.

Always pay by check or credit card, and always get a receipt. Legitimate contractors pay their taxes and don't ask you to participate in hiding income.

No Insurance or Bonding Information

If the contractor can't or won't provide proof of insurance, walk away. Working without insurance is irresponsible and exposes you to serious liability if someone is injured on your property.

Incomplete Contact Information

The contract should include a physical business address, not just a P.O. box. It should have a phone number that's answered reliably. And it should match the information on the contractor's license.

If the contractor only provides a cell phone number and no business address, that's a warning sign they may not be a legitimate, established business.

What to Do Before Signing a Painting Contract

Take these steps to protect yourself before you commit to any painting contractor in Lafayette, the East Bay, or anywhere in California.

Verify the License

Check the contractor's license status on the CSLB website. Make sure it's current, in good standing, and matches the name on the contract.

Look for any disciplinary actions, complaints, or license suspensions. A history of serious violations should make you reconsider hiring that contractor.

Check References and Reviews

Ask for references from recent projects, especially projects similar to yours. Call those references and ask about the quality of work, communication, cleanliness, and adherence to timeline and budget.

Also check online reviews on Google, Yelp, and the Better Business Bureau. Look for patterns—occasional complaints are normal, but repeated issues with the same problems suggest a contractor you should avoid.

Get Multiple Estimates

California law requires contractors to provide a written estimate for jobs over $500. Get at least three estimates from licensed contractors.

Compare not just the price, but the scope of work, materials, timeline, and warranty. The lowest bid isn't always the best value, especially if it cuts corners on preparation or uses inferior paint.

Read the Entire Contract

Don't skim the contract or sign without reading it completely. If something is unclear, ask for clarification before signing.

Make sure every promise the contractor made during your meetings is reflected in the written contract. Verbal promises don't count if they're not in writing.

Confirm Insurance Coverage

Ask for certificates of insurance for both general liability and workers' compensation. Call the insurance company to verify the policies are current.

If the contractor has employees but no workers' comp insurance, you could be liable if a worker is injured on your property.

Keep Copies of Everything

Once you sign the contract, keep a copy in a safe place. Also keep copies of any change orders, invoices, receipts, lien releases, and correspondence with the contractor.

If a dispute arises, you'll need these documents to prove what was agreed and what you paid.

How Lamorinda Painting Approaches Contracts

We believe a good contract protects both the homeowner and the contractor. It sets clear expectations, prevents misunderstandings, and provides a roadmap for the entire project.

Our contracts meet all California legal requirements and include detailed scopes of work, specific paint products, clear timelines, and transparent payment schedules. We provide proof of our license, insurance, and bonding before we start work.

We also explain the contract thoroughly before you sign. We want you to understand exactly what we're going to do, how long it will take, and what it will cost. Your satisfaction is our top priority, and that starts with clear, honest communication from day one.

We've been serving Lafayette, Lamorinda, and the greater East Bay for over 20 years. We're fully licensed, bonded, and insured, and we always leave your home spotless. Our estimates are always free, and we never pressure you to sign on the spot.

If you're ready to paint your home and want a contractor you can trust with a contract that protects you, contact us today.

FAQs About Painting Contracts in California

What is a mechanic's lien, and how do I protect myself from one?

A mechanic's lien is a legal claim against your property filed by a contractor, subcontractor, or supplier who hasn't been paid. Even if you've paid your contractor, unpaid subcontractors can file liens on your home. Protect yourself by requiring lien releases at each payment milestone and by making final payment only after receiving unconditional lien releases from all parties.

Can I negotiate the terms of a painting contract?

Yes. Everything in a contract is negotiable until both parties sign. If you want changes to the scope of work, payment schedule, or timeline, discuss them with the contractor before signing. A professional contractor will work with you to reach terms both parties can accept.

What happens if a contractor violates the contract?

If a contractor fails to complete work as agreed, uses inferior materials, or otherwise breaches the contract, you may have grounds to withhold payment, demand correction of defects, or terminate the contract. Document everything and consider consulting an attorney if the dispute is significant. You can also file a complaint with the Contractors State License Board.

Do I need a contract for small paint jobs?

California law requires a written contract for any home improvement project over $500. Even for smaller jobs, a written agreement is a good idea—it clarifies expectations and protects both parties.

How long should I keep my painting contract after the job is done?

Keep the contract and all related documents for at least the length of the warranty period—typically one to six years. Some attorneys recommend keeping home improvement contracts for 10 years in case of long-term defect claims.

What if the contractor asks for a deposit larger than California law allows?

Walk away. Legitimate contractors know California's deposit limits and follow them. Contractors who demand excessive deposits may be struggling financially or operating dishonestly.

Final Thoughts on Painting Contracts

A clear, complete, legally compliant contract is the foundation of a successful painting project. It protects you from substandard work, financial disputes, and contractors who don't follow through on promises.

California's home improvement contract laws give you strong protections, but only if you know what to look for and insist on contractors who follow the law.

Before signing any painting contract in Lafayette, the East Bay, or anywhere in California, verify the contractor's license, read the entire agreement, and make sure it includes all required elements. If something feels wrong or the contractor resists providing necessary information, that's your signal to keep looking.

At Lamorinda Painting, we've built our reputation on transparency, quality work, and treating our clients with respect. That starts with honest, thorough contracts that clearly spell out what we'll do and what you can expect.

We offer high-quality painting services at affordable prices throughout Contra Costa County. Contact us today for a free estimate and a contract you can trust.