Legal Question in Construction Law in California

Is there a California statute that addresses the legality of directing a contractor to work without required city permits? A licensed contractor is answerable to the CSLB in such a case, but is there any potential penalty for the hiring party?

(I recall reading such a statute, but can't find it now. The case involves a contractor who was directed to and agreed skip obtaining permits for expediency reasons.)


Asked on 6/03/13, 3:45 pm

1 Answer from Attorneys

I have never heard of such a statute, which doesn't mean it doesn't exist, but I doubt it does. The fact that the permitting authority for their location has the power to order the unpermitted work to be torn out and redone, or just destroyed with no right to rebuild it, combined with the fact that the unpermitted work must be disclosed to any subsequent purchasers (reducing the property value) or the buyer can sue for non-disclosure, are all generally considered to be sufficient penalties for ordering unpermitted work.

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Answered on 6/03/13, 4:14 pm


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