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house).2 Mr. Finnegan was not compensated for his work on, nor
hired by a third party to build, the Acapulco house. Mr.
Finnegan had a construction trailer, which he used as an office,
parked at the Acapulco house. Mr. Finnegan maintained a
telephone line, water, electric, and other utilities at the
Acapulco house.
Mr. Finnegan performed substantial amounts of work to
construct the Acapulco house including, but not limited to:
Laying and staking the building; making the exterior door frames,
window frames, and arched brick work; manufacturing the round
top, stained glass, and leaded glass windows; manufacturing and
finishing the cathedral, coffered, inverted pyramidal, and beamed
ceilings; and designing and installing a complete irrigation and
drainage system.
Petitioners tried, but were unable, to sell the Acapulco
house. Mr. Finnegan was not a licensed real estate broker, and
petitioners never listed the Acapulco house with a real estate
broker or sales agent. Instead, petitioners put a "for sale"
sign in front of the house and ran a classified advertisement,
starting in April 1991, in the Orange County Register. As of the
time of trial, the Acapulco house had not been sold.
2 During the last 20 years, Mr. Finnegan constructed only
one other house for sale, which was sold in 1978 or 1979, where
he was not acting as a construction consultant.
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