Legal Question in Construction Law in California

I know unlicensed work is covered under a breach of contract claim if you want your money back for that work. But if you also have property damage from the unlicensed work, can you also add it to the negligence claim?

Asked on 6/23/10, 9:20 am

2 Answers from Attorneys

No, it is not negligence to perform unlicensed work. That is an intentional act.

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Answered on 6/23/10, 12:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Are you asking about claims against an insurer? A bond? Or claims in a lawsuit?

I we re-worded the last sentence of your question to read, "If I also have property damage from the unlicensed work, can I also make a claim for negligence?" I think the answer is yes. Whether the claim will result in a payment or a judgment will depend on other facts. You may be more likely to prevail in court than in presenting such a claim to an insurer or bondsman.

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Answered on 6/27/10, 11:22 am

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