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:
Explicación
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.
Referencia Legal: Bus. & Prof. Code §7031(a)-(b), (e)Practica las 1632 preguntas gratis — sin registro.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Preguntas relacionadas de este tema
- Punitive (exemplary) damages are generally:
- California license law requires that certain contractor agreements be reduced to writing. Beyond consumer protection, one general business reason a contractor benefits from a written contract is that it:
- Under California Contractors State License Law, an unlicensed person who performs work requiring a license generally faces which severe contract-related consequence?
- A 'condition precedent' in a contract is:
- A 'pay-if-paid' clause in a subcontract attempts to make the general contractor's receipt of payment from the owner a:
- The 'implied covenant of good faith and fair dealing' that accompanies most contracts requires that:
Última revisión: · proceso editorial