injury while remodeling our house

[john123456]

He states that if you are using an unlicensed contractor, he could take you for every penny.

Tell your contractor to put the crack pipe down. California Business and Professions Code Section 7031 bars an unlicensed contractor from maintaining a lawsuit "for the collection of compensation for the performance of any act or contract where a license is required."

In other words, the court will *spank* the contractor for not having a license and prohibit him from bringing any type of legal action.

 

[Shay-Pari'e]

Tell your contractor to put the crack pipe down. California Business and Professions Code Section 7031 bars an unlicensed contractor from maintaining a lawsuit "for the collection of compensation for the performance of any act or contract where a license is required."

In other words, the court will *spank* the contractor for not having a license and prohibit him from bringing any type of legal action.

True, but this post is about an injury to the contactor. (Licensed, or not licenced).

 

[john123456]

True, but this post is about an injury to the contactor. (Licensed, or not licenced).

I misunderstood. I know there was a fairly recent Supreme Court case on point. However, I am unable to access Westlaw at this time.

 

[HomeGuru]

http://igs.berkeley.edu/library/htWorkersCompensation.htm


A homeowner who contracts with someone to fix something in the house is not an employer...for one thing.

**A: I disagree. If there is no GC then the homeowner assumes the GC/employer relationship.

 

[justalayman]

I guess a pertinent question that I have not posted before would be to the OP.
Did this person that was injured work for a company (whether licensed or not) that you hired to do work on your house. Did he even represent himself as an employee of XYZ Home Repair or did you hire the person specifically?


That would tend to define the employee v. contractor situation.

 

[You Are Guilty]

**A: I disagree. If there is no GC then the homeowner assumes the GC/employer relationship.

You sure? Most states exempt small homeowners from such a fate if they have no oversight for the work. I'm lazy and only have the NY statute handy, so here it is, I assume someone will be happy to post CA's.

§ 241. Construction, excavation and demolition work. All contractors
and owners and their agents, except owners of one and two-family
dwellings who contract for but do not direct or control the work, when
constructing or demolishing buildings or doing any excavating in
connection therewith, shall comply with the following requirements:
blah, blah, blah

 

[HomeGuru]

You sure? Most states exempt small homeowners from such a fate if they have no oversight for the work. I'm lazy and only have the NY statute handy, so here it is, I assume someone will be happy to post CA's.

**A: the injured party may sue the homeowner for injury if there is no insurance provided by the GC.

 

[You Are Guilty]

Bummer. You'd think CA would want to protect its homeowners.

 

[HomeGuru]

Bummer. You'd think CA would want to protect its homeowners.

**A: there is indeed protection. It is called prevention. CA advises homeowners to contract with a contractor who is properly licensed and has the proper insurance. Remember the court case whereby the homeowner was the GC, hired an unlicensed contractor who fell, was injured an became a quadraplegic. The homeowner lost his house to the injured party.

 

[You Are Guilty]

But my illegal mexian contractor works so much more cheaply!

 

[john123456]

**A: there is indeed protection. It is called prevention. CA advises homeowners to contract with a contractor who is properly licensed and has the proper insurance. Remember the court case whereby the homeowner was the GC, hired an unlicensed contractor who fell, was injured an became a quadraplegic. The homeowner lost his house to the injured party.

Thanks HomeGuru. Still not able to access Westlaw.

 

[Shay-Pari'e]

HG? So I am guessing what my contractor told me was correct? I'm glad I saw this post when I did, because it never occured to me to ask if he was insured.

 

[HomeGuru]

But my illegal mexian contractor works so much more cheaply!

**A: especially the drywall and plastering.

 

[HomeGuru]

Thanks HomeGuru. Still not able to access Westlaw.

**A: do you want my user ID and passcode?

 

[HomeGuru]

HG? So I am guessing what my contractor told me was correct?

**A: So I am not guessing, what did your contractor tell you?
**********
I'm glad I saw this post when I did, because it never occured to me to ask if he was insured.

**A: that is an important top 10 question.