Can I sue an unlicensed subcontractor for fraud and damages after suing the general for abandoning the job?

We hired a general contractor who then hired an unlicensed sub contractor to pour a concrete floor. The unlicensed contractor botched the job and ruined the floor. As a result the general contractor abandoned the job due to the financial loss he would occur. We sued and the general went bankrupt. I would like to sue the unlicensed subcontractor in small claims for fraud and damages for two main reasons: He represented himself as a licensed contractor - although he and the general knew he was not. And that his actions caused the contractor to abandon the job. According to Wa state he should have legally never been there and so his actions were negligent and fraudulent. I understand that the general is responsible but is not the sub just as responsible?
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Answers (1)

Shawn B Alexander

Shawn B Alexander

Contributor Level 8
I am sorry to hear about this situation. The short answer is yes, you can start an action. The overall problem will be collecting the judgement in the end. If you can be certian there are assets to cover your damages and hard costs then perhaps it will be worth rolling the dice in court. Otherwise unlicenced contractors are always a problem and the department of labor and industries and other state agencies are suited to the job.
Good Luck
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