Legal Question in Construction Law in California

unlicensed contractor

Neighbor is a construction superintendant, recently laid off. He just built an addition to his home. He offered to build one for me, but my concern is liability for injuries. He proposes to go to a friend who has a contractors license and insurance, write the contract under the friend's company's name (in exchange for giving the friend $1,000-) and do my $20,000- addition. My neighbor will do and subcontract the whole job, just using his friend's company and insurance to insure liability in case there is any slip and fall, etc, saying his friend's workman's comp policy would cover him in this case, as it is a general workman's comp policy. Would this work? If not, is there an alternative so I am not liable?


Asked on 1/16/04, 4:53 pm

2 Answers from Attorneys
Martin Snitow

Re: unlicensed contractor

This is illegal and would not protect you. Instead, deal only with a licensed contractor. If your neighbor is so great and you really want him to do the work, he should get his own license, insurance and go into business legally.

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Answered on 1/16/04, 10:50 pm
Donald Holben Donald R. Holben & Associates, APC

Re: unlicensed contractor

Sounds a little shakey, however, can work. Other company owner should be brought into it and you should confirm with that individual that all will be covered. A laborer, unpaid, can put a lien on your home, even without prior notice, so protect yourself. Have an attorney look at everything before you sign on that dotted line, or before you reach a verbal agreement.

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Answered on 1/19/04, 11:46 am


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