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Unlicensed employee, subcontractor, etc.

Can you please confirm if my interpretation of the BPC code for unlicensed subcontractors is correct: A licensed contractor can hire an unlicensed contractor to perform a tile installation job. However, since the job is over $500, the subcontractor, independent contractor, or employee must therefore ALSO be licensed. Additionally, the unlicensed contractor MUST be supervised.

1 reply

Oct 8, 2019

California's licensing requirements are complex and thorough - so, if there's an issue with your project and you believe there have been unlicensed subcontractors illegally performing work, then making a complaint with the CSLB or consulting with a California construction attorney may be a good idea. With that being said, an independent contractor or subcontractor hired by a licensed contractor must also typically be licensed if the work being performed requires licensure. And, when work exceeds $500, a license will typically be required. However, keep in mind that if the unlicensed parties aren't independent of the contractor - if they're actually employees of the contractor - then they wouldn't need to be individually licensed in order to provide common work to the project. Though, even if the unlicensed parties are actually employees of the properly licensed contractor (and don't need to be licensed, themselves), their work would generally need to be supervised by the contractor. And, failure of a licensed contractor to supervise its employees could lead to issues for the contractor, too.

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