There is no doubt that our national economy relies heavily on e-commerce. This is true with regard to contractors in California as well. As individuals and businesses look for quality builders, trades and services in the construction field, they look for sources of on-line information to evaluate whom to hire. Would you think that an
Licensing
One Unanticipated Cost of Being an Owner-Builder in California: Liability for Retained Control over Safety
Many times I hear from people who want to “save money” and serve as their own “owner-builder” under the exemption to the California Contractor’s Licensing law, which generally requires that any “construction” work over $500 to be performed by a licensed California contractor in the absence of an exemption. (Bus. & Prof. Code section…
Heavy Fines for All: Working Without a Contractor’s License in California is Costly
I am surprised, and yet not surprised, to read about yet another subcontractor and general contractor that were cited for the subcontractor’s lack of a California contractor’s license. See "Another Subcontractor on Large Southern California Project Told To Halt Work, Fined for Not Having Contractors License" (May 13, 2014 notification by CSLB —…
The Latest DIRT in California: Additional Mandatory Reporting for Excavators, Operators and Contractors?
Those that “dig in the dirt” are very familiar with the Damage Information Reporting Tool (DIRT), which was launched in 2003 by the Common Ground Alliance (CGA). Over the years California has enacted several statutes requiring anyone moving dirt to notify a regional notification center of the area of planned disturbance that may impact a subsurface…
Contractors Still Have Time: Certain CA Energy-Related Regulations Delayed to July 1, 2014
Residential and non-residential contractors in California have been waiting for the new California energy-related regulations to be issued for the January 1, 2014 compliance deadline. Although many became effective on January 1, delays in the software performance compliance programs by the California Energy Commission required that additional time be provided for contractors to obtain and…
Contractor’s “Wage Theft” Enforcement Increased on California Public Projects
The California Labor Commission, also known as the Department of Labor Standards Enforcement, which is a division of the Department of Industrial Relations, is “reinvigorating” its enforcement actions against public contractors that try to dodge the state’s wage and labor laws. Recently, the Commission issued orders and hefty fines to nine contractors for violations totaling over…
No Contractor’s License Means You Work for Free
Yet another California court decision has been issued requiring a contractor to return over $750,000 received for work he performed on a casino while he was unlicensed. In rejecting the contractor’s arguments against disgorgement, the court found that (a) California Business and Professions Code § 7031’s penalties applied to work performed for tribal corporations and …
Pincetich v. Nolan: A Cautionary Tale About the Risks of Contractor License Suspension
In Pincetich v. Nolan, the Oregon Court of Appeals recently held that a temporary suspension of a contractor’s license during a project will bar the contractor from commencing a lawsuit seeking compensation. The Nolans, husband and wife, contracted with Mr. Pincetich to build a house. During the project, Mr. Pincetich’s liability insurance lapsed and…
Developer Licensing
As any Oregon real estate developer likely knows, the Construction Contractor’s Board will require you to be registered as a contractor if you are developing land owned by another for a fee or developing land you own with the intent to sell. But many developers have followed what might be an overly conservative path: the…
Construction Project Managers Not Required to Be Licensed for Private Projects Under California’s State Licensing Laws
In a case of first impression, the Second Appellate District Court of California recently considered whether an entity that provided construction management services to a private owner was required to be licensed under California’s Contractor’s State Licensing Law. (The Fifth Day, LLC v. Bolotin (2009) 172 Cal.App.4th 939.) The Court’s response was a surprising…