What is the penalty for claiming to be a licensed contractor when not.?
i am a home owner and hired someone who claimed to be licenced. he didn't really do faulty work but he is threatening to sue me for a superficial injury he did working for me and to get him off my back i would like to threaten to report him, but i wonder if he has anything to lose. since he can't lose a license he doesn't have and didn't do any faulty work, what is the worst that could happen to him if I report?
Answers:
Depends on the state you are in. As the previous poster noted, in CA it is a misdemeanor.
In addition, however, CA has some pretty strictly interpreted laws protecting the homeowner. In particular, Business & Professions Code section 7031 prohibits an unlicensed contractor from suing a homeowner to collect ANY money, and further states, "a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." The MW Erectors case (link below) further defines and interprets this statute.
The flip side, however, is that on-the-job injury is a risk any homeowner takes when hiring unlicensed workers. But if this guy represented himself as licensed and is not, then that is fraud and, at least in California, a misdemeanor and you can sue him to get back the money you already paid him.
FRAUD...at the very least. Financial in nature so most likely a substantial fine.
Operating a Business Without a License. A fine
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It is a misdemeanor in CA and the contractor will be arrested. Tell him to sue you and give it to your homeowners insurance company. Explain the situation.
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