Construction Defects
California B&P Code 7031 Protection

Hired an Unlicensed Contractor? California Law Lets You Recover Every Dollar.

Under Business & Professions Code 7031(b), you can recover ALL money paid to an unlicensed contractor - even if the work was completed and done well. This is one of California's strongest consumer protections.

100%
Full Refund Available
$500
License Threshold
No Offset
Contractor Can't Claim Value

* California Laws That Protect You

California has some of the nation's strongest laws against unlicensed contracting. These laws don't just punish contractors - they give homeowners powerful recovery rights.

Business & Professions Code 7031(a) - Unlicensed Cannot Sue
An unlicensed contractor CANNOT sue you to collect payment. Even if they completed work, even if you signed a contract, California courts will not enforce it. They have no legal right to payment.
Business & Professions Code 7031(b) - Full Recovery Right
CRITICAL: Homeowners can recover ALL compensation paid to an unlicensed contractor. This means 100% refund - regardless of whether work was completed or even done well. The contractor cannot argue the work had value as a defense.
Business & Professions Code 7028 - Criminal Penalties
Contracting without a license is a misdemeanor. First offense: up to 6 months jail and/or $5,000 fine. Subsequent offenses: up to 1 year jail and/or $5,000 fine. You can report to CSLB for criminal prosecution.
$500 License Threshold
Any project where labor AND materials combined exceed $500 requires a contractor's license. This includes the handyman you hired for "small" work that grew. If total cost exceeded $500, they needed a license.
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Limited Exceptions
The only exceptions are: (1) Owner-builders working on their own property, (2) Legitimate handyman work under $500 total, (3) Employees (not independent contractors) of licensed businesses. If your contractor doesn't fit these, the full recovery rule applies.

! Common Unlicensed Contractor Situations

Any of these situations entitles you to a full refund under B&P Code 7031(b):

Never Had a License

The contractor never obtained a CSLB license. They may have claimed to be licensed, showed fake documents, or never mentioned licensing at all. Verify at cslb.ca.gov.

Expired or Suspended License

Contractor once had a valid license but it expired, was suspended, or revoked before or during your project. A lapsed license = unlicensed work.

Work Exceeded $500 Exemption

Hired as a "handyman" but total project cost (labor + materials) exceeded $500. Once over $500, contractor license was required regardless of job title.

Used Someone Else's License

Contractor performed work under another person's license number, or a licensed contractor allowed their license to be used by an unlicensed person. Both scenarios = unlicensed work.

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Quality Doesn't Matter
Here's the powerful part: even if the unlicensed contractor did excellent work that you're happy with, you can STILL recover all money paid. The law punishes unlicensed contracting regardless of work quality.

$ What You Can Recover

Under B&P Code 7031(b), your recovery rights are extraordinarily strong:

Damage Type What You Get
Full Refund ALL compensation paid to the unlicensed contractor - 100% recovery
Regardless of Quality Even if work was completed and satisfactory, you recover everything paid
No Offset Defense Contractor CANNOT reduce your claim by arguing the work had value
Defective Work Damages If work was also defective, you get refund PLUS cost to repair/redo
Materials You Purchased Any materials you paid for directly - even if contractor didn't supply them

Typical Claim Values

Project Type Typical Recovery Range
Handyman work that exceeded $500 $500 - $5,000
Bathroom/kitchen remodel $10,000 - $50,000
Room addition or major renovation $25,000 - $150,000
New construction or whole-home remodel $100,000 - $500,000+
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Contractor's Only Defense: "Substantial Compliance"
The contractor can only avoid paying if they prove "substantial compliance" with licensing laws - meaning they had a license at all times, met all requirements, and any lapse was purely technical. This defense almost never succeeds. Courts interpret it very narrowly.

@ Demand Letter Template

Send this letter via certified mail with return receipt requested. The CSLB license verification is your most important evidence.

DEMAND FOR REFUND - UNLICENSED CONTRACTOR WORK PURSUANT TO CALIFORNIA BUSINESS & PROFESSIONS CODE 7031(b) [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Contractor Name] [Contractor Address] [City, CA ZIP] Re: Demand for Full Refund - Unlicensed Contracting Work Project Address: [Property Address Where Work Was Performed] Total Amount Demanded: $[Total Amount Paid] Dear [Contractor Name]: I am writing to demand an immediate refund of all compensation paid to you for construction/contracting work performed at the above property. You performed this work without a valid California contractor's license, entitling me to a full refund under Business & Professions Code Section 7031(b). FACTS: 1. Between [Start Date] and [End Date], you performed [describe work - e.g., "bathroom remodeling," "kitchen renovation," "room addition"] at [Property Address]. 2. I paid you a total of $[Total Amount] for this work, consisting of: - [Payment 1: Amount, Date, Method (check/cash/Venmo)] - [Payment 2: Amount, Date, Method] - [Additional payments as applicable] 3. The total cost of this project exceeded $500, requiring you to hold a valid California contractor's license. 4. I have verified through the Contractors State License Board (CSLB) that: [Choose the applicable situation:] [ ] You have never held a California contractor's license [ ] Your license number [Number] was expired during the work period [ ] Your license number [Number] was suspended/revoked during the work period [ ] You performed work outside your license classification [ ] You used another person's license number without authorization A printout of the CSLB license verification is attached to this letter. LEGAL BASIS FOR REFUND: California Business & Professions Code Section 7031(b) states: "Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract." Under this statute: - I am entitled to recover ALL compensation paid to you - This right exists regardless of whether the work was completed - This right exists regardless of whether the work was satisfactory - You may NOT offset my claim by arguing the work had value - Your only defense is "substantial compliance" with licensing requirements, which requires proof that you were duly licensed at all times - a defense that does not apply here DEMAND: I hereby demand payment of $[Total Amount] within thirty (30) days of the date of this letter. This represents a full refund of all compensation paid to you for unlicensed contracting work. IF WORK WAS ALSO DEFECTIVE (Optional - include if applicable): In addition to my right to a full refund, your work was defective in the following ways: [Describe defects if any] I have obtained estimates to repair/complete this work properly from licensed contractors: [Repair estimate amounts] I reserve the right to seek these additional damages beyond the refund. CONSEQUENCES OF NON-COMPLIANCE: If you do not provide the demanded refund within 30 days, I will: 1. File a civil lawsuit seeking the full refund plus attorney fees and costs 2. File a complaint with the Contractors State License Board 3. Report the unlicensed contracting to the local District Attorney's office for criminal prosecution under B&P Code 7028 (misdemeanor - up to 6 months jail and $5,000 fine) Please make payment by certified check payable to [Your Name] and mail to the address above, or contact me at [Phone/Email] to arrange payment. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - CSLB License Lookup printout showing unlicensed status - Copy of contract or written agreement (if any) - Copies of payment records (canceled checks, receipts, bank statements) - Photographs of work performed - Communications with contractor (texts, emails) - Permit records (if applicable)

🖩 Unlicensed Contractor Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
Additional losses caused by the issue

📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.

# Evidence Checklist

Gather this evidence before sending your demand letter. The CSLB verification is the most critical piece.

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How to Verify License Status
Visit cslb.ca.gov and click "Check a License." You can search by license number, business name, or individual name. Print or screenshot the results showing current status, expiration date, and any disciplinary actions. This official verification is powerful evidence.

> What Happens After You Send the Letter

Days 1-7: Contractor Receives Letter

Most unlicensed contractors realize the legal exposure and take this seriously. They may contact you to negotiate or stall.

Days 7-21: Negotiation Window

Contractor may offer partial payment. Remember: you're entitled to 100%. Don't accept less unless you have good reason.

Days 21-30: Decision Time

If no satisfactory response, prepare to file. Small claims court handles up to $12,500. Larger claims go to civil court.

Day 30+: Legal Action

File in court and with CSLB. Unlicensed contractors often don't show up to court or can't afford lawyers - you win by default.

? Frequently Asked Questions

Can I get my money back from an unlicensed contractor?
Yes. Under California Business & Professions Code 7031(b), you can recover ALL compensation paid to an unlicensed contractor - even if the work was completed and satisfactory. This is one of California's strongest consumer protections. The contractor cannot offset the claim by arguing the work had value. Their only defense is "substantial compliance" with licensing requirements, which is extremely difficult to prove.
How do I check if a contractor is licensed in California?
Visit the Contractors State License Board (CSLB) website at cslb.ca.gov and use their license lookup tool. Enter the contractor's name, license number, or business name. The search will show whether they have a valid license, what classifications they hold, if the license is current or expired, and any disciplinary actions. Print this verification as evidence for your demand letter.
What is the $500 handyman exemption?
California law allows unlicensed individuals to perform work on a single project if the total labor AND materials cost is under $500. This is known as the handyman exemption. If your project exceeded $500, the contractor needed a license regardless of what they called themselves. The $500 includes everything - if they charged $400 for labor but you bought $200 in materials, the project exceeded the threshold.
Can an unlicensed contractor sue me for non-payment?
No. Under B&P Code 7031(a), an unlicensed contractor cannot sue to collect payment for work requiring a license. California courts will not enforce contracts with unlicensed contractors. Even if they completed the work, even if you signed a contract, even if the work was good - they have no legal right to payment and cannot use courts to collect.
What if I didn't know the contractor was unlicensed?
Your knowledge doesn't matter - you can still recover all payments. B&P Code 7031(b) doesn't require you to prove you didn't know. The law is designed to protect consumers and punish unlicensed contracting. Even if the contractor showed you a fake license or you never thought to ask, you're still entitled to a full refund of all compensation paid.
Is it illegal to hire an unlicensed contractor?
No - hiring an unlicensed contractor is not illegal for homeowners. However, operating as an unlicensed contractor is illegal. Under B&P Code 7028, contracting without a license is a misdemeanor punishable by fines and jail time. You can report unlicensed contractors to the CSLB, which can result in criminal prosecution, and you're still entitled to recover your money.

Large Unlicensed Contractor Claim? I Can Help.

For claims over $25,000 or complex situations, I can assist with demand letters, negotiations, and litigation.

Contact: owner@terms.law

+ Schedule a Consultation

For complex unlicensed contractor disputes or high-value claims, book a call to discuss your options.

📝 Create Your Demand Letter

Generate a professional demand letter, CA court complaint, or arbitration demand