Legal Question in Business Law in California

Personal Lic.# w/corporation name on contract

I am currently suing a contractor in a higher court. He was using a corporaion name on the contract with the lic.# that was under his personal name (but his personal name was not on the contract). He is now suing me but through his corporation, that at the time of construction had no lic.# or bond. He also took $6000 prior to working. Has he broken any rules besides taking money prior to working? He also had me write a check to his personal name but the other checks were to his corporation(he claimed that he wanted to save money from taxes and don't we all) but is that enough proof to show that he is an alter ego to his corporation? Thank you and have a great day.


Asked on 6/10/05, 6:05 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Personal Lic.# w/corporation name on contract

This contractor, although licensed (?) is not totally legit, otherwise he would not ask for payments that are not fully documented or traceable.

You say that you are currently sueing him, and that he is sueing you in a "higher court." I assume you mean Superior Court instead of small claims court.

This situtation is well beyond what a LawGuru lawyer can help you with effectively. When a suit is filed and a counterclaim is filed on top of that, you will be cut to ribbons by a legal buzz saw unless you have professional help.

Don't try to represent yourself any further. Get a lawyer who practices in the construction law arena. This could otherwise be a disaster.

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Answered on 6/10/05, 7:09 pm
Daniel Harrison Berger Harrison, APC

Re: Personal Lic.# w/corporation name on contract

The Cal. Business and Professions Code states that an unlicensed contractor cannot sue to collect money for services and work performed. It is one of the harshest rules. Thus, if the corporation was on the contract, and the corporation is unlicensed, the corporation cannot sue for money owed.

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Answered on 8/10/05, 12:46 pm


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