The trial court erred in sustaining defendant’s demurrer to this complaint seeking payment for construction work. The demurrer claimed that the services had been provided by an unlicensed contractor and that B&P Code 7031 therefore barred recovery. The issue in the case was which of two affiliated corporations had really contracted to and in fact provided the contracting services, the Panterra LLC which was unlicensed, or its managing member Panterra GP which was licensed. The complaint and its attachments contained enough to make it a contested issue of fact whether the construction contract, which was made out in Panterra LLC’s name, was by a mutual mistake of fact–an issue that could not properly be resolved on demurrer.