Monthly Archives: December 2010

Important CSLB Bulletin: New Year Brings New Protection for California Homeowners

SACRAMENTO — New California construction laws and regulations passed during the 2009-2010 legislative session take effect January 1, 2011.

A key consumer protection law regarding mechanics liens (a claim on property that could force its foreclosure and sale to satisfy unpaid contractor or supplier debts) becomes effective on January 1, 2011. The result of Contractors State License Board (CSLB)-sponsored Assembly Bill 457 (Monning), the new law, signed in 2009, requires contractors, subcontractors or materials suppliers who intend to file a mechanics lien to serve aNotice of Mechanics Lien on the property owner. In addition to the notice, the person serving the mechanics lien must also provide a proof of service affidavit or the lien will be unenforceable. Mechanics liens are recorded with the county. Many times homeowners are unaware that a lien has even been placed on their property. Awareness of a lien is important because even if a mechanics lien is not used to foreclose on the property, its presence on the title can potentially prevent borrowing against, refinancing or selling the property.

“AB 457 provides vital protection for California property owners, plus, CSLB provides many resources and tips that consumers can easily review before a construction contract is signed to avoid the possibility of a mechanics lien altogether,” said CSLB Registrar Steve Sands

A CSLB-sponsored bill passed this year provides a valuable tool to help combat the states underground economy. Senate Bill 1254 (Leno) will enable CSLB to issue a stop work order to any licensed or unlicensed contractor who fails to carry workers compensation insurance coverage for all of his or her employees. The new law gives CSLB unprecedented authority in allowing the Boards enforcement representatives to more effectively stop unlicensed, uninsured activity, and aid in the states efforts to ensure a level playing field for licensees who follow workers compensation laws. A stop order takes effect immediately and can be appealed. Employees who lose pay due to a work stoppage will be entitled to up to 10 days pay for time lost. Failure to comply with a stop work order will be a misdemeanor, punishable by up to 60 days in jail and/or a fine of up to $10,000.
Following are additional construction-related laws that take effect January 1, 2011, unless otherwise noted:

Other Workers Compensation
SB 313 (DeSaulnier) Labor Code Section 3722 amended
This bill, signed in 2009, increases the potential penalty for failure to have a workers compensation policy from $1,000 to $1,500 for each employee not covered. Fines are administered by the director of the Department of Industrial Relations. (Amended Stats 2009 ch 640 § 1)

AB 2305 (Knight) Business and Professions Code Section 7125 and Insurance Code Section 11665 amended
The bill extends the requirement for C-39 Roofing contractors to carry a workers compensation policy, even if he or she has no employees until 2013. (Amended Stats 2010 ch 423 §1, 2 and 3)

Environmental
AB 1343 (Huffman) Public Resources Code Chapter 5 added to Part 7, Division 30
Effective April 1, 2012, contractor outreach and education will begin regarding recycling of architectural paint. Implementation of this recycling program could include an assessment on the future sale of paint. (Amended Stats 2010 ch 420 § 1 and 2)

AB 2398 (John A. PÃrez) Public Resources Code Section Chapter 20 added to Part 3, Division 30 and Section 42980 repealed
Beginning on July 1, 2011, carpet manufacturers must charge an additional one-half cent sales tax per square yard of product purchased to pay for a carpet recycling program. (Amended Stats 2010 ch 681 § 1 and 2)

Criminal
AB 2372 (Ammiano) Penal Code Section 487 amended
This law changes the threshold from $400 to $950 to charge the crime of grand theft for stealing money, labor, real or personal property. (Amended Stats 2010 ch 693 § 1 and 2)

CSLB/Consumer Protection Boards
SB 294 (Negrete McLeod) Business and Professions Code Sections 7000.5 and 7011 amended
This bill extends CSLBs existence as a consumer protection board from January 1, 2011 to January 1, 2012. (Amended Stats 2010 ch 695 §37 and 38)

SB 392 (Florez) Business and Professions Code Sections 7025, 7028.5, 7029, 7065, 7065.1, 7065.5, 7068, 7068.1, ;7068.2, 7069, 7071, 7071.1, 7071.8, 7071.9, 7071.11, 7071.17, 7072.5, 7075.1, 7076, 7076.2, 7085.6, 7090, 7090.1, 7096, 7121, 7121.1, 7121.5, 7121.6, 7122, 7122.1, 7122.2, 7122.5, 7137, 7138, 7152, 7159 and 7159.10 and 7071.6.5 and 7071.19 added; Corporations Code Section 22037amended
This bill authorizes the issuance of a contractor license to a Limited Liability Corporation (LLC) beginning January 1, 2012. Prior to passage of this law, LLCs were not able to be licensed in California. The LLC would be required to maintain liability insurance of between $1,000,000 and $5,000,000 and post a $100,000 surety bond, in addition to the $12,500 bond already required of all licensees. (Amended Stats 2010 ch 698 §1 through 43)

SB 1491 (Committee on Business, Professions and Economic Development) Business and Professions Code Sections 7028.6, 7028.7, 7028.9 and 7058.5 amended
This bill requires that a citation for acting as a contractor or salesperson without a license or registration be issued within four years, or 18 months of a complaint for the violation, whichever is later. The bill also allows for contractors applying for an original license to complete and return the required open book exam about asbestos electronically. (Amended Stats 2010 ch 415 §17,18 and 19)

AB 1659 (Huber) Government Code Section 9147.7 added
This law abolishes the Joint Committee on Boards, Commissions and Consumer Protection and replaces it with the Joint Sunset Review Committee. CSLBs sunset review process remains unchanged. (Amended Stats 2010 ch 666 § 1)

AB 2130 (Huber) Business and Professions Code Section 22 amended and Section 101.1 and Division 1.2 repealed
This law is a companion bill to AB 1659, replacing the Joint Committee on Boards, Commissions and Consumer Protection and replacing it with the Joint Sunset Review Committee. (Amended Stats 2010 ch 670 § 1 through 3)

AB 2500 (Hagman) Business and Professions Code Section 114 amended and Section114.5 repealed
The bill amends current law allowing people licensed by Department of Consumer Affairs boards and bureaus to reinstate their license without examination or penalty if serving in the California National Guard or United States Military during a period of war. The new law repeals the section defining war and extends the reinstatement provision for licensees who can prove they were serving on active, military duty. Requests must come not more than one year after discharge or the end of active duty. (Amended Stats 2010 ch 389 §1 and 2)

Changes to existing regulations that would increase contractor licensing fees (PDF) received final approval from the Office of Administrative Law, effective December 18, 2010. Fee increases begin on July 1, 2011 for those applying for or changing their contractor license. Renewal fees for licenses that expire on or after July 1, 2011, will also be increased. CSLB fees have remained at their current level since 1993, and the additional revenue will assure CSLB upholds its mandated protection of California consumers and the integrity of the construction industry

Important CSLB Bulletin: Contractors State License Board Encourages Vigilance as Winter Storms Hit State

SACRAMENTO — In the wake of heavy rain, mudslides, flooding and their aftermath, the Contractors State License Board (CSLB) reminds California property owners to stay vigilant when it comes to contracting for clean-up or repairs. Sometimes what appears to be the cheapest solution to remove a fallen tree, fix a downed fence, or patch a leaky roof may not be the wisest choice.

Consumers can use CSLB™s online resources to check the license status of the contractor they plan to hire, and to get tips on home repair and improvement choices. Any construction job valued at $500 or more in labor and materials must be done by a state-licensed contractor. California Business & Professions Code requires all licensees to carry workers compensation insurance coverage for their employees and to purchase a contractor license bond.

Now that Governor Schwarzenegger has declared a State of Emergency in several coastal, Central Valley, and Southern California counties, anyone caught contracting without a California contractor license can potentially be charged with a felony and subject to up to $10,000 in fines and three years in state prison (Business and Professions Code section 7028.16). In areas that are not state or federally-declared disaster areas, penalties are generally misdemeanors.

“A state-licensed contractor is the right choice when looking for a legitimate, qualified home repairperson”especially in an urgent situation,” said CSLB Registrar Steve Sands. “A CSLB-licensed contractor who is skilled in the specific trade you are seeking is not likely to leave you in the lurch when it comes to properly completing the job at a fair price.”

For tree trimming and removal jobs where the tree is 15 feet or higher and the job is more than $500, the contractor must be state-licensed. Business & Professions Code allows a gardener to do incidental pruning on trees less than 15 feet and under a cost of $500 without a CSLB license.

CSLB urges consumers to follow these tips when soliciting bids from a home improvement contractor:

Hire only licensed contractors, and ask to see the license and photo identification to make sure the person is who they claim to be.
• Dont rush into repairs, no matter how badly they are needed.

Contractors State License Services has School Locations Near CSLB Testing Facilities

CSLB Facility Sacramento

CSLS has school locations conveniently located near each of the CSLB testing facilities. We can assist you with license exam preparation, live scan fingerprint services, bonding services, corporation set-ups and more. See our locations on www.MakeMeAContractor.com to connect with a License Consultant who can assist you with your licensing needs.

Testing facilities and times are assigned by the Contractors State License Board. Verify your scheduled testing facility on your Notification of Test Date letter you receive from the Board following acceptance of your test application.

CSLB Testing Facilities

Fresno
1277 E Alluvial Avenue, Suite 106
Fresno, CA 93720

Norwalk
12501 East Imperial Hwy, Suite 630
Norwalk, CA 90650

Oxnard
1901 N Rice Avenue, Suite 210
Oxnard, CA 93036

San Bernardino
1845 Business Center Drive, Suite 214
San Bernardino, CA 92408

San Diego
9246 Lightwave Avenue
San Diego, CA 92123

San Jose
100 Paseo De San Antonio, Suite 103
San Jose, CA 95113

Sacramento
9821 Business Park Drive
Sacramento, CA 95827

San Jose Operation Snags More Than One Dozen Unlicensed Operators


Important CSLB Bulletin: SACRAMENTO — The Contractors State License Boards (CSLB) Statewide Investigative Fraud Team (SWIFT) netted 14 suspects in a San Jose undercover sting operation this week. The Santa Clara County District Attorney’s office assisted in the December 7, 2010 sting and a sweep of construction sites on December 8, which resulted in one citation for contracting with an expired license and another for failure to carry workers compensation insurance.

“In today’s economy, it’s more important than ever for consumers to hire licensed and insured contractors,” said CSLB Registrar Steve Sands. “People put themselves and family members at risk when they hire unlicensed and uninsured individuals who can end up doing substandard work or never finish the job. They also cheat law-abiding licensees out of work.”

During the sting operation, SWIFT investigators posed as homeowners seeking bids for painting, landscaping, concrete, and roofing jobs. Suspects who bid more than $500 for labor and materials received a notice to appear (NTA) in court. California law requires all home improvement jobs valued at more than $500 to be undertaken by a licensed contractor. Contractors also must place their state contractor license number in all advertisements. Unlicensed individuals may advertise and accept jobs valued at less than $500, but their ads must state that they are not a licensed contractor.
CSLB licensees must have at least four years of journey-level experience in their license classification and must pass exams pertaining to their trade and state contracting laws. State law requires that licensees purchase a license bond for consumer protection and that their employees have workers compensation coverage to shield homeowners from liability. Roofing contractors (C-39) must purchase workers compensation for themselves, even if they do not have employees.

CSLB Sting Snatches Nine Illegal Operators in Glendora

Important CSLB Bulletin:
SACRAMENTO — The Contractors State License Board (CSLB) Statewide Investigative Fraud Team (SWIFT) caught nine people for violating state home improvement contracting laws during an undercover sting on December 13, 2010. SWIFT was assisted by the California Highway Patrol and the Los Angeles County District Attorney’a Office.

During the sting operation at a Glendora home, SWIFT investigators posed as homeowners seeking bids for painting, fencing, flooring, and cabinetry projects. Suspects who bid more than $500 for labor and materials received a notice to appear (NTA) in court. “Homeowners need to be fully aware of who they are letting into their homes,” said CSLB Registrar Steve Sands. “This operation illustrates the importance of spending a couple of minutes on CSLB website to check the license before you hire a contractor to ensure you aren’t putting your family or your home at risk.”
California law requires all home improvement jobs valued at more than $500 to be undertaken by a licensed contractor. Contractors also must place their state license number in all advertisements. Unlicensed individuals may advertise and accept jobs valued at less than $500, but their ads must state that they are not a licensed contractor. State law prohibits solicitation of a down payment that is greater than 10 percent of the projects value or $1,000, whichever is less, for home improvement contracts. There is an exception for about two dozen licensed contractors who purchase special consumer protection bonds and are noted on CSLB’s website. State law also requires those selling home improvement services for licensed contractors to register with CSLB.
Since 2005, state law has required criminal background checks for anyone applying for a new license or adding a license classification. California law also requires contractors to have workers compensation coverage for all of their employees to protect homeowners from liability.

Thousands of Jobs, Contractors Needed


Ever wondered how to obtain the coveted Governement Contracts for your Contractors business or simply know how to gain more jobs? Look no more Contractors State License Services is hosting FREE seminars presented by TOSGA Global Alliance strategic Partner of CSLS. TOSGA offers services that assist small and minority businesses in connecting with Private and Government Sector jobs specifically for Contractors. There are thousands of construction jobs available in a variety of trades such as roofing, electrical, plumbing, painting, HVAC, concrete/paving and more!
Learn how you as licensed contractor can connect and bid on these profitable construction jobs. Presentations are filling quickly. Contact a location near you to reserve a seat!

LOCATION DATE TIME CALL
South District
Long Beach Dec 14 5:30pm-6:30pm 310-522-9258
Covina Dec 15 5:30pm-6:30pm 626-430-9212
Norwalk Dec 15 5:30pm-6:30pm 562-404-5508
Orange Dec 16 5:30pm-6:30pm 714-289-9105
Temecula Dec 16 5:30pm-6:30pm 951-587-2257
San Diego Dec 22 5:30pm-6:30pm 619-283-2011
San Marcos Dec 22 5:30pm-6:30pm 760-744-4334
Riverside Dec 23 5:30pm-6:30pm 951-781-6161
Central District
Van Nuys Dec 16 6:00pm-7:00pm 818-901-6330
Bakersfield Dec 29 6:00pm-7:00pm 661-321-3210
Northern District
Fresno Dec 14 6:00pm-7:00pm 559-229-2180
Concord Dec 15 6:00pm-7:00pm 925-686-8393
Modesto Dec 16 6:00pm-7:00pm 209-526-8091
Sacramento Dec 16 6:00pm-7:00pm 916-363-2784
San Jose Dec 21 6:00pm-7:00pm 408-247-1242
San Rafael Dec 21 6:00pm-7:00pm 415-456-4437
So San Francisco Dec 22 6:00pm-7:00pm 650-755-5582
Oakland Dec 23 6:00pm-7:00pm 510-382-9814

Or visit the CSLS website for more details and directions http://www.contractorslicensingschools.com/contractor-education-events.cfm

Understanding the Contractor’s License Bond


In California, anyone who contracts to perform work that is valued at $500 or more for labor and materials must hold a current, valid license from the Contractors State License Board (hereinafter “CSLB”) and must carry a Contractor’s License Bond. Surety bonds are commonly used for this purpose, but cash or certificates of deposit may also be posted. All Contractor License Bonds must be implemented by an authorized surety company, in a manner up to the required standard of the CSLB and suitable to the State of California. Currently the CSLB requires that contractor’s bonds be in the sum of twelve thousand five hundred dollars ($12,500). At their discretion, the Board may require an applicant to carry a higher bond amount or separate bonds for contractors who have been disciplined, and the amounts of these bonds vary. The bond amount is not per job. It is the amount available for all jobs a contractor takes on during the life of the bond.

A surety bond is a contract in which a surety company promises the State of California that the contractor will comply with the Contractors’ State License Law. Generally speaking, a licensed contractor is obligated not to commit any violations of the Contractors’ State License Law. The law describes and identifies specific violations that the bond will cover and violations can result in disciplinary action against the licensed contractor. California Business and Professions Code § 7071.15 provides that failure to maintain a sufficient bond can result in a minimum penalty of suspension ranging from 60 days up to 1 year probation, and a maximum penalty of revocation. Additionally, if warranted the CSLB can impose an actual suspension of the license for 5 days or more, require contractors to retake the CSLB law and business examination if not taken within the past 5 years, impose educational course requirements, or require payment of CSLB investigation and enforcements costs.

If the contractor does not comply with the conditions of the bond, a consumer, supplier or an employee can file a claim against the bond. California Business and Professions Code § 7071.5 provides that the contractor’s bond shall be for the benefit of the following:
(a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee.
(b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred.
(c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract.
(d) An employee of the licensee damaged by the licensee’s failure to pay wages.
(e) A person or entity, including an express trust fund described in Section 3111 of the Civil Code, to whom a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, damaged as the result of the licensee’s failure to pay fringe benefits for its employees, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations thereunder (without regard to whether the work was performed on a private or public work). Damage to an express trust fund is limited to actual employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay.

General requirements for bonds include the following:
•Bonds are NOT transferable – do not attempt to transfer a bond from
one license to another or from one qualifying individual to another;
•The business name and license number on the bond must correspond EXACTLY to the information in the records of the CSLB
•The license number on the bond of a qualifying individual must match that of the firm for whom the individual is to serve as the qualifying individual;
•Contractors bonds must be in the correct amount of $12,500;
•A bond of a qualifying individual must be in the correct amount of $12,500;
•The bond must have the signature of the attorney-in-fact ; and
•Bonds must be filed with the CSLB within 90 days of the effective date of the bond.

To avoid problems with the bonds filed for your license and to maintain your bonds, the following guidelines are helpful:
•Keep your required bonds, cash deposits, or bond exemptions current at all times;
•Renew your bonds promptly. Make sure that the effective date of a new bond is the same as the cancellation date of the old bond and allow for processing time;
•Only one bond is effective at any time. A second bond filed for the same period will cancel out the first bond;
•CSLB does not return any bond that has been accepted or processed for an active license; and
•Keep accurate records on your agent, surety company, bond numbers, effective dates, and terms of the bonds.

If a contractor receives notice from their surety company that a claim has been filed against his/her bond, the contractor should immediately contact the surety company to respond to the claim and explain his/her position. The contractor should also submit all documentation relevant to the claim. If a complaint is filed with the CSLB, the contractor should also respond immediately and provide the CSLB all of the requested information and documentation throughout the course of the investigation. Complaints filed with the CSLB and with surety companies are taken very seriously and a contractor’s cooperation is critical to a successful resolution.
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1. See California Business and Professions Code § 7071.6.
2. The term attorney-in-fact is commonly used in the United States, to make a distinction from the term Attorney at law. An attorney-at-law in the United States is a lawyer—someone licensed to practice law in a particular jurisdiction. As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. See Wikipedia @ http://en.wikipedia.org/wiki/Power_of_attorney .

Important CSLB Bulletin: Attention C-10 Contractors


CSLB Announces Zero-Tolerance for C-10 Requirement ViolationsOnly Certified Electricians to Perform Work as Electricians
SACRAMENTO – Effective immediately, the Contractors State License Board (CSLB) establishes a zero-tolerance enforcement policy and will issue legal action against any C-10 Electrical contractor who willfully employs even one uncertified electrician to perform work as an electrician. CSLB is legally required to open an investigation and initiate disciplinary action against the contractor, which may include license suspension or revocation, within 60 days of receipt of a referral or complaint from the Division of Apprenticeship Standards (DAS).
Subsections within Labor Code Section 3099 clearly state that certification by DAS is required for anyone who performs work as an electrician for C-10 Electrical contractors. DAS is required by Labor Code Section 3099.2 to report violations to CSLB.
Electricians are defined as all persons who engage in the connection of electrical devices for C-10 contractors. It is CSLB a position that electrical work must be performed by a certified electrician or an approved apprentice. Trenching, concrete, framing, and other work that does not involve connecting electrical devices may be performed by noncertified workers.
Questions regarding this CSLB enforcement policy should be directed to Brian Gedney (916) 255- 4435.