Legal Question in Construction Law in California

Suing under B&P 7031

For the past two years I've been informally studying contractor law. I've been doing this since I was stung by a GC.

When I hired him to build my house he used unlicensed subs for the whole job even though I recquested everyone be licensed. He exlained this by saying it's all under his license. That seemed reasonable to me at the time but I know different now. He has cost me over 100k in repairs and also cost me by filing false liens.

I'm now thinking of suing him on the basis that these unlicensed workers automatically became his employees and since he didn't have workmans comp then his license undergoes automatic suspension during this period. (B&P 7125.2)

Therefore, since he wasn't properly licensed I can request all funds paid to him be returned under B&P 7031.

Some facts.

I'm not trying to take advantage of a poor builder. He caused us hell for over a year.

His Bond Company has already paid out the full amount he was covered for, $7500. Our evidence is comprehensive.

CSLB have made an accusation against him and his four sons who are in the partnership.

However I feel if I have any hope of getting anything from them I need to sue. I don't know all their assets individually but I do know they own land.

Thanks


Asked on 1/25/08, 5:24 pm

1 Answer from Attorneys
Lenore Shefman Shefman Law Group

Re: Suing under B&P 7031

I get the feeling there is a lot to this story. You should contact a construction defect attorney in your area directly so all of the facts can be considered.

Most will give you a few minutes free consultation. If not, feel free to call us-www.shefmanlaw.net

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Answered on 1/25/08, 5:35 pm


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