California Court of Appeal

In a construction dispute, the trial court's rejection of the defendant-homeowners' contention that plaintiff-corporation was prohibited by Business and Professions Code section 7031 from pursuing quantum meruit damages against them because it was an unlicensed contractor at the time the construction contract was entered and, therefore, was not licensed "at all times" during the performance of the contract, is affirmed, where: 1) the owner of plaintiff-corporation is a licensed contractor who originally operated as sole proprietorship; 2) during the course of constructing the home for defendant-homeowners, the contractor incorporated his company and his contractor's license was reissued to the corporation; and 3) section 7031 does not apply to the unique situation here because to do so would not advance the statute's goal of precluding unlicensed contractors from maintaining actions for compensation.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

Judges

• PEÑA

Court

• California Court of Appeal

Counsel