Monthly Archives: January 2011

CSLB Press Release 1/13/2011 : Monterey Residents Face Criminal Charges for Fraudulently Using Contractor License Numbers

Suspects using business names “Window Design” and “Fresh Paint” arraigned on 146 counts

SACRAMENTO —Daniel Kenneth Furness, 58, and Colleen Gsell, 55, pleaded not guilty in Monterey County Superior Court on January 10, 2011, to 146 criminal charges relating to fraudulent use of other contractors’ license numbers, and adverting and contracting without their own license. The charges were filed following an investigation by the Contractors State License Board’s (CSLB) Central Valley Statewide Investigative Fraud Team (SWIFT), Monterey County District Attorney’s Office, and the Monterey and Marina Police Departments.

Furness and Gsell are suspected of using contractor license numbers not held by them, instead of obtaining their own licenses from the Contractors State License Board. For example, they allegedly used license numbers belonging to other people whose business names are “Window Design” and “Fresh Paint.” Furness and Gsell have not been issued a contractor license in either of their individual names, or a license to do business in the name of a company.

“We encourage homeowners to check their contractor’s license number on the CSLB website before any work is done,” said CSLB Registrar Steve Sands. “Consumers should ask to see the state-issued pocket license and a photo identification to make sure the person they are dealing with is the person who holds the contractor license in the appropriate work classification.”

Furness and Gsell are also suspected of illegal advertising and taking excessive down payments. Contractors must display their license number when advertising for jobs valued at more than $500 for labor and materials. It is also illegal to take down payments greater than 10 percent or $1,000, whichever is less, for any home improvement project. There is an exception for about two dozen contractors who purchase special consumer protection bonds and are noted on CSLB’s website.

Even though a consumer is not legally responsible for payments to an unlicensed contractor for projects valued at $500 or more for labor and materials, Furness is charged with instituting litigation against a deceased client’s estate and making inaccurate statements in a claim of lien filed against this client’s property. A licensed contractor or material supplier is entitled to file a mechanic’s lien if the contract amount is not paid as stated in the signed contract. An unlicensed operator who has contracted for work valued at more than $500 for labor and materials has no legal standing to do so. Furness is also charged with committing perjury in an application filed with CSLB.

Furness is formally charged with three counts of perjury and three counts of filing a false document. Furness and Gsell are each charged with 54 counts of illegal use of a contractor license number not issued to them; 42 counts of contracting without a contractor license; 23 counts of illegal advertising; and 21 counts of charging an excessive down payment.

“Those contracting without a license should understand that CSLB and its partners in law enforcement will not tolerate behavior that is detrimental to homeowners and licensed contractors who are complying with state laws and regulations,” added Sands.

CSLB Zero-Tolerance Policy for C-10 Employee Certification Requirements Creating Buzz

This is an important notice for C-10 Electrical Contractors working in the state of California. Make sure you are following electrician certification requirements and avoid fines from the CSLB.

At a recent meeting of the CSLB Enforcement Committee (January 12, 2011) held at the Board’s new Valencia Investigative Center, Board enforcement staff reported over 30,000 licensees have received notice of the Board’s  Zero-Tolerance Policy for C-10 Electrical Contractors employing uncertified electricians.

Labor Compliance Officers and members of electrical worker unions have been aggressively reporting C-10 contractors who violate the electrician certification requirements established by the Labor Code Section 3099 and regulated by the Department of Industrial Relations Division of Apprenticeship Standards (DIR/DAS).  The Labor Code requires CSLB to investigate every report of a violation.  Board enforcement staff indicated investigations resulted in 10 citations in the last month alone.

Electricians are defined as all persons who engage in the connection of electrical devices for C-10 contractors. It is CSLB’s 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. For more information about the Board’s Zero-Tolerance Policy for C-10 Employee Certification Requirements, visit the CSLB Industry Bulletin from 11/19/2010 for more information.

10 FOR 11 – CSLS Top Ten books for 2011

Our top 10 selection for 2011 reflects those books that are most popular through our in-school and online contractors bookstores. These books include important information for any contractor whether you’ve just gotten your contractor’s license or have been running your construction business for years. The cover general construction concepts such as estimating, print reading and how to run a successful construction business. In addition to these great books we have a wide selection of books that are specific to a variety of trade classifications including General B, C-36 Plumbing, C-39 Roofing, C-46 Solar, C-5 Carpentry and many more.  If you need construction reference books for your trade or are studying for your Trade License exam and need a little help, take a visit to the CSLS Online Bookstore or visit a school location near you.

CARLSBAD: Kelly Elementary hero construction workers get scholarships

Kelly Construction workers receiving information on CSLS Programs

Five men working at Kelly during shooting to get $1,000 for classes

By STACY BRANDT – [email protected] | Posted: Saturday, January 8, 2011 6:00 am

The construction workers who tackled a gunman at Kelly Elementary School in October will be able to further their own education soon with some help from a statewide contractors training program.

Contractors State License Services, a private vocational school, has offered the men —- Mario Contreras, Steven Kane, Carlos Partida, Toby Wiest and Edward Dominguez —- free tuition and materials for one of its courses, up to $1,000.

Most of the men said they want to study to get a state contractors license and the scholarship would cover the cost of that course, or another course offered by the school.

The men, who work for San Diego-based Randall Construction, said the offer was appreciated, especially because they haven’t had steady work since the job at Kelly Elementary ended in October. Becoming licensed contractors will help them get more work or branch out on their own, they said.

The class to prepare them for taking the contractors test can take anywhere from six weeks to four months to finish, depending on how quickly they do the work.

In the end, the school will help them get their license, set up a business name and help process paperwork, said Alex Avelar, state license consultant for the Van Nuys-based school.

The five men were pouring concrete at the school the day 41-year-old Brendan O’Rourke allegedly opened fire on children in the playground. Contreras and Kane chased after the gunman on foot while Partida clipped him with his truck.

Kane returned to work the same day with Dominguez and Wiest, while Partida and Contreras took a few days off. Partida said he wanted to collect his thoughts before returning to work, and Contreras was nursing his hand, which he broke during the scuffle.

The school offered the scholarships to reward the workers for their heroism, said Cyndi Beaver, marketing coordinator at the school.

“It was an opportunity for us to kind of give back,” she said.

O’Rourke allegedly shot two second-grade girls in the arm before the men chased him out of the playground. Both children recovered and returned to school quickly, school officials said.

Kane said he was overwhelmed initially by all of the attention the men got after the incident, but now it feels as if it happened long ago. More importantly, he said, he’s thankful that nobody was more seriously hurt.

Call staff writer Stacy Brandt at 760-901-4009 begin_of_the_skype_highlighting              760-901-4009      end_of_the_skype_highlighting.

CSLS Honors San Diego Area Super Heroes with Contractors Scholarships.

Recipients of CSLS Scholarship: Steven Kane, Toby Wiest, Alex Avalar (CSLS License Advisor), Carlos Partida, Eddie Dominguez, Mario Contreras

 As part of our monthly John Baker Contractor Scholarship offerings, CSLS is honoring each of these super heroes with a scholarship for a CSLS program of their choice to help them in their future careers in the construction industry.

Last October when Carlos Partida, Eddie Dominguez, Steven Kane, Mario Contreras and Toby Wiest were working a job at Kelly Elementary School in Carlsbad California, a shooter opened fire at school children on the playground.  When the gunman stopped shooting to reload his firearm, Carlos Partida knocked the man over with his truck and the other four workers apprehended and detained Brendan O’Rourke, the alleged shooter, until the police arrived. Two children were injured on that day and are recovering but if it hadn’t been for this group’s quick reactions to bring down this shooter, the situation could have escalated to far more devastating consequences. 

On Thursday, Jan 6th we met with the group of local heroes at the Contractors State License Services San Marcos location where Alex Avelar presented the program options and assisted in their enrollments.  We at CSLS feel fortunate to be able to give something of continued value to this group which not only will benefit them individually but also their families and community.  Best of luck guys and thank you for stepping forward to protect our community’s children!

San Diego Tribune Reports on CSLS Scholarship for local heroes

Free tuition offered to Kelly school heroes

By Aaron Burgin

Thursday, January 6, 2011 at 6:13 p.m.

SAN MARCOS — The Kelly Elementary School construction-worker heroes are going back to school, and the school is picking up the tab.

Carlos Partida, Eddie Dominguez, Steven Kane, Mario Contreras and Toby Wiest helped subdue Brendan Liam O’Rourke, who is accused of opening fire at Kelly Elementary School in Carlsbad in October, wounding two second-grade girls. The workers chased after him after he stopped to reload. Partida knocked him to the ground with a truck and helped hold him until police arrived.

Contreras suffered a broken hand when he punched O’Rourke.

Van Nuys-based Contractors State License Services, a private vocational school in San Marcos, is giving $1,000 scholarships to each man. The scholarships will pay for the workers to take one course, such as for contractor’s license examination preparation, blue print reading or contract estimating.

The school stepped in to offer the scholarships after learning about the heroics displayed by the workers, which garnered national attention. Days before the shooting, the school offered Victor Perez, a Fresno construction worker who rescued an 8-year-old girl who had been kidnapped, a similar scholarship.

“We were kind of on a hero thing,” Cyndi Beaver, the school’s marketing coordinator, said Thursday during a ceremony. “We just wanted to acknowledge our heroes in the construction industry.”

The timing of the scholarships couldn’t have been better, the men said. They are all currently unemployed. For most of them, the contract at Kelly Elementary, a renovation of the school’s kitchen, was their last job.

“We’re looking,” Partida said. “There’s just not much out there right now.”

Four of the five men said they would use the scholarship to get their Class B state contractor’s license, which would enable them to find more work or potentially start a business themselves.

The men say they have been overwhelmed by the adulation they have received.

“We still get the ‘you’re a hero’ response,” Kane said. “It’s been really nice.”

www.MakeMeAContractor.com 

CSLS San Marcos Location

CSLS San Diego Location

California County News reports a bit of good news for the CA Construction Industry!

Back in Business? Construction Jobs in CA See Largest Increase Among All States for Oct-Nov.
California’s construction jobs were particularly hit hard by the recession and the poor economy. But there is good news to be had, as the industry has posted a job gain of 7,800 positions over October and November. In fact, such a job gain has helped to boost the state’s overall employment levels and California has posted a construction increase that topped all other states during the same time period. The Associated General Contractors of America released the analysis and Ken Simonson, the association’s chief economist, stated that “It is encouraging that the number of states adding jobs year-over-year was higher in November than at any time since February 2008. However, the data also make clear that these gains are as spotty as they are tenuous.” Notably, while California had positive gains, it also had the largest 12-month drop—36,900 jobs, or 6.4 percent. A press released about the association’s analysis states:
“In all, 36 states lost construction jobs over the past 12 months, while construction employment was unchanged in Massachusetts. Association officials cautioned that construction employment figures were likely to fluctuate and possibly drop over the coming months as many stimulus-funded projects begin to wind down and private-sector demand remains weak. They added that newly passed legislation that prevented steep tax increases, including for many small construction firms, will help boost overall economic activity and could drive new demand for construction later next year. ‘The tax bill is a step in the right direction because it will revitalize the economy and help boost private-sector construction demand,’ said Stephen E. Sandherr, the association’s chief executive officer. ‘But Congress still needs to act on long-delayed infrastructure bills and provide businesses with relief from an increasingly costly regulatory burden.’”