Legal Question in Construction Law in California

CA Senate Bill 354 - Aiding and Abetting Anlicensed Contractors

Will CA Senate Bill 354 act retroactively as it pertains to licensed contractors aiding and abetting unlicensed contractors? I contracted with an unlicensed contractor for landscaping in November of 2006. A license contractor not only referred this guy but independently funded him (no contractual obligation to do so), let him use their accounts and license. The licensed contractor also took money from us to fund him as well. We stopped using the unlicensed contractor in late October and have lots of corrections and completion of the project.

I believe SB 354 was passed this October and it is clear, at least to me, that the licensed contractor is liable for damages. I am just not sure how this bill can be used since it was passed nearly a year after the project was started.

I do have a question regarding theis job that I submitted a few days ago that has yet to be answered.

Thanks in advance.


Asked on 12/29/07, 11:37 am

1 Answer from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: CA Senate Bill 354 - Aiding and Abetting Anlicensed Contractors

No, but its a good time for a warning and to avoid this potential pitfall for the future! There are several California Senate Bills on unlicensed contractors and using illegal aliens. It's a good time to make sure that you document licensing. My office has been working on several cases for contractors that have run into problems. No fun at all!

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Answered on 12/29/07, 11:49 am


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