I contracted with a person who seemed licensed but turns out was not duly licensed. What do I have to prove?
I contracted with a person who on the website for California contractors, comes up as a contractor. But it turns out that he was a partner in a firm and he was not the qualifying partner.
I was not an owner builder and I did not sign the permit, it was all done by the contractor.
The permit lists his firm (the partnership that is licensed) as the contractor. He said that they had nothing to do with this deal.
He is seeking payment and is going to take legal action. My understanding is that he individually should have been licensed.
But he has claimed he is my employee because he did not have a license. I will obviously need an attorney to sort this out but I was just wondering overall, what should I be investigating about the case, the paperwork etc.
Nathan’s Answer
An adversary party demanding payment is attempting to put liability on you by suggesting the unlicensed contractor is your employee. The further suggestion will be that you are responsible for faulty contracting as well as workers' compensation insurance. All this can usually be avoided if an agreement is made only with licensed (and insured) contractors. You will need to collect all relevant documents related to this matter to assess it properly, or better yet, hand it off to a qualified, licensed attorney.
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