Court Reinstates Claim by Contractor Using Fictitious Name

SACRAMENTO, Calif. - A California appellate panel has reinstated a licensed subcontractor's payment claim against the general contractor, saying that a trial court erred in dismissing the claim because the subcontractor was licensed under one name and operated under another. Dethloff v. Krump Construction Inc., No. CO59798 (Calif. Ct. App., 3rd Dist.).

California's Third Appellate District ruled on Jan. 15 that the penalty imposed by the trial court for failing to comply with licensing requirements was error, and that he was subject only to discipline by the licensing board.

The issue of payment for allegedly unlicensed contractors has arisen recently …