Contracts & ExecutionQuestion 851 of 1632

A properly licensed contractor completes a commercial tenant improvement and is not paid. The contractor's ability to sue for the unpaid balance is generally supported because:

a.The contractor was duly licensed at all times during performance
b.The contractor held a license when the contract was signed
c.The owner accepted the work, which waives any licensure defense
d.Licensure affects discipline only, not the right to sue for payment

Explanation

B&P §7031(a) bars any action for compensation unless the plaintiff was 'a duly licensed contractor at all times during the performance of that act or contract'; the test is continuous licensure across the whole job, and §7031(e) permits substantial compliance only on a narrow showing. (b) is the trap: a license valid on signing day but lapsed, expired or suspended mid-job forfeits the claim for the ENTIRE contract, not merely the unlicensed stretch. (c) is worse than wrong — §7031(b) lets an owner recover all compensation already paid to an unlicensed contractor, so acceptance waives nothing. (d) treats licensure as a discipline matter only; §7031 is its civil consequence, and it is the harshest provision in the chapter.

Law Reference: Bus. & Prof. Code §7031(a)-(b), (e)

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