Generally, for construction law and disputes, disgorgement is a remedy enforced by the court for a homeowner to recover damages from a contractor who engages in unlicensed contracting. The Contractors State License Board (CSLB) is the government entity that oversees and enforces conformity with Contractors state licensing laws. Due to additional costs associated with obtaining, maintaining a contractor's license, contractors sometimes cut corners in violation of the law, rendering their license status invalid or revoked. As such, a homeowner's remedy for engaging in unlicensed practice or contracting is to seek disgorgement, which is recovery of all monies paid to the unlicensed contractor.
The contractor's state licensing website can be accessed by anyone to verify if a contractor is properly licensed and to determine if there have been any past violations.
The CSLB can help the homeowner determine if your potential contractor has the following relevant qualifications:
- Business Information
- License Status
- Workers' Compensation
- Personnel List
- Bond History
While the responsibilities of proper licensing is left to the contractors, owners are strongly encouraged to do their own due diligence in order to avoid the possibility of a disgorgement from occurring, which often results in long-term litigation.
However, if you or anyone you know has an issue with a contractor, please don't hesitate to contact The Law Offices of Edward C. Ip & Associates, APC at (626) 228-0638 where our attorneys are experienced in dealing with such legal matters.
**The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**
