News & Analysis as of

Contractors Disgorgement

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

Perkins Coie on

A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Sheppard Mullin Richter & Hampton LLP

Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Cal. Bus. & Prof. Code §7065. Except for sole proprietors, contractors are typically licensed through...more

Stoel Rives -  Ahead of Schedule

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

In a very recently published case dealing with issues of first impression in California, here, the Second Appellate District in Los Angeles determined that the disgorgement penalty under BPC 7031(b) triggers a one-year...more

Haight Brown & Bonesteel LLP

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

In what could lead to a draconian result, the Court of Appeal for the First Appellate District held that a contractor who performs work without a valid license can be required to disgorge all payments received, even if the...more

Troutman Pepper

Noncompliance with the California Contractor’s License Law Brings Severe Consequences

Troutman Pepper on

Pacific Caisson & Shoring, Inc. v. Bernards Brothers Inc., 236 Cal. App. 4th 1246 (Cal. Ct. App. 2015) - In California, a contractor must be licensed by the Contractors State License Board (Board) in order to lawfully...more

Snell & Wilmer

Disgorgement Penalty for Unlicensed Contractors in California

Snell & Wilmer on

California has some of the toughest penalties in the country for unlicensed contractors. An unlicensed contractor is not just a contractor without a license, but could also be a contractor who is not correctly licensed or a...more

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