Legal Question in Construction Law in California

Contractor used unlicensed workers

The contractor we hired used an unlicensed worker to install the propane gas system in my house. (In my opinion this should be a criminal matter but I'm no lawyer.)

At the time I did in fact demand that he use only licensed workers. His reply was always that ''it's covered under his license'' After research I now find that not to be true since the Contractor had no employees and contracted the work out. I've already complained to the CSLB who are investigating him although that could take a long time and I don't know what they can ultimately force him to do.

In the short term I am uneasy living in my home know that safety critical systems were installed by a person who wasn't qualified/licensed to do so. I worry about the place blowing up at night. Ideally I would like it fully inspected and qualified and/or replaced. My assumption is that my only recourse is to sue and once again that could be a very lengthy process with no guarantees.

The contractor will of course claim that since the city inspector passed it then he has no liability.

To summarise.

I won against his bond but that doesn't cover much.

I've formally complained to the CSLB. That will take time.

Any other suggestions? Thanks. Ford


Asked on 10/29/07, 6:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Contractor used unlicensed workers

I think you have handled this matter in a technically correct way so far. At this point, I suggest asking your LPG supplier to make an inspection or recommend an inspector.

There may indeed be criminal violations here; many violations of the contractor licensing law are misdemeanors. The problem is that most prosecutors are too busy to fuss with B&P Code violators, especially where no harm has occurred. Further, a civil action would have very doubtful economics for you as plaintiff, with no provable damages.

Finally, don't overlook the possibility (no, probability) that the contractor is violating laws or regulations relating to employment taxes and workers' comp by treating his unlicensed workers as employees for some purposes and as independent contractors for others.

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Answered on 10/29/07, 8:13 pm


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