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Is it illegal for an employee of a construction company to act as a general contractor when he isn’t licensed?

CaliforniaLicenses
Anonymous Contractor

Is it illegal for an employee of a construction company to act as a general contractor when he does not actually hold a general contracting license? Does it make the contract with an unlicensed contractor invalid due to fraud?

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2 replies

Attorney at Carlton & Alberola
| 93 reviews
May 12, 2021
A person or company needs to be licensed to contract for work requiring a license. A person that works for a construction company that is properly licensed, though that person may not be the license holder, may interact with the public for construction services. I think more facts are needed to answer your question.
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An unlicensed contractor can’t act as the responsible managing employee (RME) for a construction corporation. They must be licensed. The fact that the CSLB allowed the person to be the RME shows that the employee must have a license or they would not have allowed it. I think further research is needed. I’m happy to answer any questions you have about this.
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