(HIS) Working Without A License

jayone

Hi, hoping someone can shed some light for me. A contractor (who is licensed) who has recently hired me for some sub work used a salesperson with a license that has been revoked by the NY Dept. of Consumer Affairs. What happens to the contract since only the HO and salesguy signed the contract? I believe the contractor has already cashed some of the payments because I have been paid for some of my work. Could I be in trouble if the contractor is sued? (which I think may happen based on the other issues of his job)

DavidC

If you're really concerned I would think a phone call to your attorney wouldn't cost too much.

If you can take legal advice from a contractor.....

The salesman may well have signed the contract as an agent for the contractor. That would make the agreement between the client and the licensed contractor. As long as your work is all within the scope of the subcontract the HO issues should fall on the prime contractor.

Cheaper than an attorney and worth every penny.

Good Luck
Dave

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jayone

Thanks David. I don't have an attorney familiar w/this field... but will try to find one just to make sure. What are the consequences for the prime contractor? Is the contract still valid?

rbsremodeling

Yes

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rbsremodeling

If his licensed was revoked after the HO contract was signed nothing.

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jayone

No, it was revoked before this contract. The prime contractor hasn't said anything, but how can he not know? Would the contract still be valid under these circumstances?

rbsremodeling

Depends on a lot of other things. did the contractor sign the contract?

My salesmen signs contracts but it is not valid until I the contractor signs it as well.

Most states believe it our not do not notify that your salesman is no longer licensed.

If the contractor started the work and checks have been cashed. I would think it would be hard to back out now without a good reason and I don' think the non licensed salesman is that option.

Others will give their opinions on this matter as well

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jayone

Work has started, checks have been cashed, the contractor didn't directly sign the contract, and I want to do what I can to help the HO. There are other issues (see my other thread) so the job can be stopped. The salesguy also has a 5-yr ban on him from consumer affairs!

RidgeWalker

Remain professional for the sake of the client and bring it up to the prime after the job is complete. Or just mind your own business too.

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