A licensed general contractor enters into a contract with an unlicensed subcontractor. Who is in violation of the law if the work performed requires a contractor's license?

A licensed general contractor enters into a contract with an unlicensed subcontractor. Who is in violation of the law if the work performed requires a contractor's license?

• A. Only the general contractor
• B. Only the subcontractor
• C. Both the general contractor and the subcontractor
• D. Neither

Answer: (C)

In California, performing contracting work that requires a license must be done by someone who is licensed. The general contractor has the duty to ensure all subs are properly licensed, and by hiring an unlicensed subcontractor to do licensed work, the general contractor violates the licensure law. The subcontractor likewise runs afoul of the law by performing contracting work without the required license. So both parties are in violation, which is why the correct choice is that both are at fault.

In California, performing contracting work that requires a license must be done by someone who is licensed. The general contractor has the duty to ensure all subs are properly licensed, and by hiring an unlicensed subcontractor to do licensed work, the general contractor violates the licensure law. The subcontractor likewise runs afoul of the law by performing contracting work without the required license. So both parties are in violation, which is why the correct choice is that both are at fault.