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Before you hire someone unlicensed for permit work, know this

By Tara Lilley, Founder of PayBild ·

California-law-says-they-can't-legally-collect-payment

Linda's water heater died on a Sunday. Eddie, a handyman her neighbor liked, said he could swap it Monday. $900, labor and materials. Under $1,000, so no license needed. Right?

Eddie did a clean job. Linda paid him $500 up front. She owed $400 more when he finished.

Then a friend asked her one question: "Did he pull a permit?"

He hadn't. In California, swapping a water heater needs a permit. And when a job needs a permit, the small-job rule is gone. The job needed a license. Eddie doesn't have one.

What that means for Eddie

  • He can't take Linda to court to collect the last $400.
  • Linda could even sue to get back the $500 she already paid.
  • It doesn't matter that the work is good.

What that means for Linda

Sounds like a win for Linda? Not really.

  • She has a gas appliance nobody inspected.
  • If something goes wrong, her insurance may not cover it.
  • When she sells the house, the unpermitted work can come up, and may have to be redone.

Nobody wins this one.

The rule, in plain words

California Business and Professions Code section 7031 says:

  • An unlicensed contractor can't sue to get paid for work that needed a license.
  • A homeowner can sue to get back money already paid for that work.
  • It applies even if the work was done well.

The rule isn't about quality. It's about whether the law recognizes the deal at all.

This isn't a technicality. Courts have enforced it exactly as written, including against contractors who did good work.

Why the law works this way

A license means the state checked training, experience, insurance and a bond. None of that happened with Eddie. So the law takes away an unlicensed contractor's power to force payment. That makes unlicensed permit work a real risk for both sides.

Before you hire

  • Does this job need a permit? Electrical, plumbing, gas, structural work and additions usually do.
  • Is the person licensed for that trade?
  • Check it yourself. Don't take their word for it.

Other states have their own rules. Check yours before you hire.

How PayBild handles this

  • If a job's price or scope needs a license in your state, an unlicensed Pro is blocked from bidding on it.
  • Not flagged after the fact. Blocked before it's a problem.
  • Licensed Pros are verified before you see their bid.

See how PayBild verifies every Pro

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Sources: California Business and Professions Code section 7031. Linda and Eddie are made-up examples, based on real situations. Permit rules vary by city, so check with your local building department. General information, not legal advice.

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