4769 Notwithstanding the conclusive presumption that an unlicensed contractor is an employee when hired to do work for which a contractor's license is required, an unlicensed contractor who misled the hirer into believing s/he was licensed may be estopped from asserting the presumption; the burden of establishing estoppel is on the hirer, who must show that if not misled s/he would not have hired the unlicensed contractor.CitationCHIN v NAMVAR (Contractor Estoppel) 166 CA4 994 [See: LabC 2750.5; Mendoza v Brodeur 142 CA4 72, T/AT 9/06; SCIF v WCAB 40 C3 5]
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