Legal Question in Construction Law in California

small claims court

can an unlicensed subcontractor sue a licensed contractor for labor and materials purchased by the unlicensed sub contractor


Asked on 10/11/07, 4:03 pm

2 Answers from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: small claims court

Section 7031 of the california business and professions code states that an unlicensed contractor cannot come to court for compensation for work for which a contractor's license is required. Having said that, I would point out that no license is required if the total contract work (including your subcontract) is less than $500.00

Also, if your work was all off-site (i.e. shop fabrication with no installation) you may be able to sue. You need to talk with a lawyer AND YOU NEED TO GET A LICENSE.

E. Leonard Fruchter

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Answered on 10/11/07, 6:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: small claims court

I don't see why not; a license is required to provide or sell services but I can't see why the licensing laws would have anything to do with an unlicensed person BUYING services.

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Answered on 10/11/07, 11:54 pm


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