CSLB Spring 2015 Newsletter

The CSLB Spring 2015 Newsletter was sent out today.

Here are my highlights… or lowlights.

CSLBs Illegal Critical ClassificationsIn the Chair’s opening statement he said: “You can expect CSLB to continue its vigorous regulation of California’s construction industry, and to aggressively pursue unlicensed contractors and unscrupulous businesses through sting operations, construction site sweeps, and other strategies. We want to build more partnerships with licensees, industry groups, and government agencies to present a united front against individuals and businesses who try to hide from state laws or take advantage of consumers.”

Once again, they’re missing the bigger picture. Cause and effect, if you will. “…vigorous regulation of California’s construction industry, and to aggressively pursue unlicensed contractors…” The Contractors State License Board is playing a HUGE part in creating the large amount of unlicensed contractors with their “vigorous regulations.”

For over two years now they have been putting applicants through the wringer with their “profiling” of specific applications. They continue to quote the regulation that requires them to perform a secondary review of at least three percent of all apps received. What I’m hoping/praying will happen is that the State Legislature or an attorney will finally call the CSLB to the mat on this.

They are not randomly selecting applications as the law states, they specifically profiling and targeting these classifications. Last week I was told by a CSLB employee that they should no longer use the term “critical classifications.” I guess they realized that using this term was illegal. DUH!!! They can’t just decide on the whim of a single power hungry CSLB employee to profile specific individuals.

That’s all for now. More later.

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What You Need to Know About Enforcement Actions by the Contractors State License Board

What You Need to Know About Enforcement Actions by the Contractors State License Board

I questioned whether to even write this post.

Because, of course, YOU would never find yourself hightailing it out of town  with the California Contractor’s State License Board (“CSLB”) sniffing down your tail pipes.

Then again, mistaken identities occur all the time. So, here’s what you need to know if the CSLB mistakes you for one of “those” contractors.

What violations are subject to CSLB enforcement actions?

The CSLB can take enforcement actions based on any one of numerous violations set forth under the California Business and Professions Code (“B&P Code”), including:

  1. B&P Code §7107: Abandonment of a construction project or operation without legal excuse.
  2. B&P Code §7108: Diversion or misapplication of funds or property received for prosecution or completion of a construction project or operation.
  3. B&P Code §7108.5: Failure to pay a subcontractor not later than 7 days after receipt of each progress payment, unless otherwise agreed to in writing or in the absence of a good faith dispute over the amount due.
  4. B&P Code §7108.6: Failure to pay transportation charged submitted by a dump truck carrier, unless otherwise agreed to in writing or in the absence of a good faith dispute over the charges claimed.
  5. B&P Code §7109: Willful departure from or disregard of accepted trade standards or plans and specifications.
  6. B&P Code §7109.5: Violation of a safety provision under the California Labor Code (Labor Code section 6300 et seq.) resulting in death or serious injury to an employee.
  7.  B&P Code §7110: Willful or deliberate disregard of building, safety, labor, workers compensation, unemployment, the Subletting and Subcontracting Fair Practices Act, or violation of the California Health and Safety Code or California Water Code relating to digging, boring, or drilling of water wells.
  8. B&P Code §7110.1: Requiring a release from an unpaid laborer in violation of the California Labor Code (Labor Code section 206.5).
  9. B&P Code §7110.5: Being found by the California Labor Commissioner to have willful or deliberately violated the Labor Code.
  10. B&P Code §7111: Failure to make and keep records showing all contracts, documents, records, receipts and disbursements for a period of 5 years after completion of a construction project or operation.
  11. B&P Code §7111.1: Failure or refusal to respond to a written request by the CSLB to cooperate in the investigation of a complaint against the licensee.
  12. B&P Code §§7112 and 7112.1: Omitting or misrepresenting a material fact when obtaining or renewing a license or adding a classification to an existing license.
  13. B&P Code §7113: Failing to complete a construction project or operation for the price stated in the contract or in any modification to the contract.
  14. B&P Code §7113.5: Avoiding or settling of an obligation for less than the full amount through: (a) composition, arrangement, or reorganization with creditors under state law; (b) composition, arrangement, or reorganization with creditors under any agreement or understanding; (c) receivership; (d) assignment for the benefit of creditors; (e) trusteeship; or (f) dissolution, unless discharged or settled in bankruptcy under federal law.
  15. B&P Code §7114: Aiding or abetting an unlicensed person with an intent to evade the License Law.
  16. B&P Code §7114.1: Signing a falsified certificate of experience or certifying false or misleading experience.
  17. B&P Code §7114.2: Displaying a canceled, revoked, suspended, or fraudulently altered license, using a fictitious license or document simulating a license, lending a license to another person, or knowingly permitting the unlawful use of a license.
  18. B&P Code §7115: Failure to comply with the License Law or engaging in collusion under California Public Contracts Code section 7106.
  19. B&P Code §7116: Willfully or fraudulently injuring another.
  20. B&P Code §7116.5: Engaging in conduct that subverts or attempts to subvert an investigation by the CSLB.
  21. B&P Code §7117: Acting in the capacity of a contractor under a license that is not his or hers or with personnel not identified under the license.
  22. B&P Code §7117.5: Acting in the capacity of a contractor under an inactive, suspended, or expired license.
  23. B&P Code §7117.6: Acting in the capacity of a contractor in a classification other than a classification currently held.
  24. B&P Code §7118: Entering into a contract with an unlicensed contractor.
  25. B&P Code §7118.4: Failure, by a contractor who has made an inspection to determine the presence of asbestos, to disclose orally and in writing that there is an ownership or financial relationship with a contractor performing corrective work.
  26. B&P Code §7118.5: Knowingly or negligently entering into a contract with a person who is not certified to engage in asbestos-related work.
  27. B&P Code §7118.6: Knowingly or negligently entering into a contract with a person who is not certified to engage in hazardous waste remediation.
  28. B&P Code §7119: Willful failure or refusal to to diligently prosecute a construction project or operation without legal excuse.
  29. B&P Code §7120: Willful or deliberate failure to pay money when due for materials or services rendered or false denial of any amount due or the validity of a claim with intent to secure a discount or delay.
  30. B&P Code §7121: Employing or associating as an officer, director, partner, manager, qualifier or one of the personnel of record of a licensee, a person whose license was previously denied, suspended, or revoked, or who had knowledge of or participate in acts of an organization which had its license previously denied, suspended, or revoked.
  31. B&P Code §7121.5: Employing or associating as an officer, director, partner, manager, or qualifier, a qualifier of an organization which has had its license revoked or suspended, regardless of whether he or she had knowledge of or participated in any acts of the  organization which led to its license being revoked or suspended.
  32. B&P Code §7123: Being convicted of a crime substantially related to the qualifications, functions and duties of a contractor.
  33. B&P Code §7123.5: Overpricing work following an emergency or major disaster.

What happens when a complaint is filed or enforcement action initiated against my license?

The CSLB may initiate enforcement action on its own. However, more typically, a complaint is filed against a license. The License Law states that “any person” may file a complaint against a license. Usually, however, a complaint is filed by an owner or another contractor, subcontractor, material supplier or employee.

Complaints based on patent defects must be filed within 4 years after the act or omission. Complaints based on latent defects must be filed within 10 years after the act or omission. And complaints based on misrepresentations of material facts, or based on criminal conduct, must be filed within 2 years of discovery.

When a complaint is filed it is processed at the CSLB Intake and Mediation Center nearest the location where the alleged violation occurred. If the complaint is found to fall within the CSLB’s jurisdiction the CSLB will send confirmation of receipt of the complaint to the complainant and a notice to the contractor.

  1. Notice of Possible Violation: The notice to the contractor will usually request information as to whether a settlement has been reached, whether a settlement was offered but not accepted, whether the contractor contends that no violation exists, or if there is further information the contractor would like to share with the CSLB.
  2. Investigation: If a complaint is not resolved, a CSLB consumer services representative (CSR) will contact the complainant and the contractor to request additional information and documentation and attempt to mediate the dispute. If the CSR determines that further investigation is necessary, he or she can assign the case to an enforcement representative (ER) who will conduct an investigation by requesting further information and documents, and conducting interviews, to determine whether there is clear and convincing evidence of a violation of the License Law.
  3. CSLB-Sponsored Arbitration: In certain cases, the CSLB can refer the parties to the CSLB-sponsored arbitration program. The CSLB-sponsored arbitration program is only available if: (a) the dispute involves damages greater than $12,500 but less than $50,000; (b) the contractor has a license in good standing; (c) the contractor does not have a history of repeated or similar violations; (d)  the contractor does not currently have a disciplinary action pending against him or her; and (e) the parties have not previously agreed to arbitrate or are willing to waive a contractual agreement to arbitrate. The CSLB-sponsored arbitration program is voluntary, unless the damages are equal to or below $12,500, in which case arbitration can be mandated. If the  parties participate in the CSLB-sponsored arbitration the arbitrator’s decision is binding.
  4. CSLB Enforcement Action: Once an investigation is concluded the CSLB may take one or more of the following actions: (a) issue a warning letter; (b) issue a citation; (c) file an accusation; or (d) close the complaint because the parties’  settled, for lack of evidence, or because it found no violation. In rare instances, the CSLB may seek injunctive relief with the courts or refer the matter to a local prosecutor for the filing of criminal charges.

What is a warning letter?

If a violation is found but the contractor’s actions are not egregious and the contractor’s history does not reflect a patter of violations the CSLB may just send a warning letter to the contractor. A warning letter remains a matter of record and could support more serious action against a contractor if further violations occur.

What is a citation?

If a contractor is found to have violated the License Law, the CSLB may issue a citation imposing a civil penalty payable to the CSLB as well as an order of restitution requiring the contractor to either correct deficiencies and/or pay for the damages of the complainant. Civil penalties on a single construction project, no matter the number of violations, cannot exceed $5,000. However, if a contractor is found to have contracted with an unlicensed contractor or have aided and abetted an unlicensed contractor a civil penalty of up to $15,000 may be assessed.

A contractor may appeal a citation by giving notice to the CSLB within 15 days of service of the citation by the CSLB. If a contractor appeals the citation, a hearing is held before the Registrar of Contractors who may revoke, modify, or affirm a citation. A mandatory settlement conference before the hearing may also be conducted.

If a contractor does not appeal or fails to appeal a citation within 15 days of service of the citation by the CSLB, the citation becomes final. If a contractor fails to comply with a citation it will result in the automatic suspension of his or her license 30 days after noncompliance with the terms of the citation. A contractor may contest the determination of noncompliance by giving notice to the CSLB within 15 days of service of a notice of noncompliance by the CSLB. If a contractor continues to fail to comply with a citation it will result in the automatic revocation of his or her license 90 days after the date of automatic suspension.

What is an accusation?

The most serious violations are subject to the filing of an accusation. In an accusation, the CSLB seeks to suspend or revoke a contractor’s license, and begins with the CSLB filing an accusation which is similar to a complaint filed in superior court and includes an allegation of claims. A contractor has 15 days from service of an accusation by the CSLB to file a notice of defense.

The Administrative Procedures Act (Government Code sections 11500 et seq.) govern accusations, including limited discovery of names and addresses of witnesses, statements taken, investigative reports, and documents sought to be admitted as evidence. A mandatory settlement conference before the hearing may be conducted.

At the hearing before the Administrative Law Judge (“ALJ”) the burden is on the CSLB to prove by clear and convincing evidence that a contractor’s license should be suspended or revoked. The rules of evidence, however, are typically more relaxed. Following the hearing, the ALJ will issue a proposed decision.

The CSLB may adopt the proposed decision in whole or in part or may enter its own ruling. The CSLB can also request that additional evidence be heard. The decision of the ALJ becomes a final decision 30 days after service of proposed decision unless reconsideration is requested.

A contractor who is unhappy with a decision can seek judicial relief by filing a petition for peremptory writ of administrative mandamus in the superior court. The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may also appeal the decision of the superior court to the court of appeal.

Contractors who lose an accusation may be required to pay the CSLB’s investigative and enforcement costs which can be in the tens of thousands of dollars. A contractor whose license is suspended may be reinstated upon proof of the contractor’s compliance with the conditions of suspension or, in the absence of such conditions, the discretion of the CSLB. A contractor whose license is revoked may not reinstate their license for a minimum of one year or up to a maximum of five years. A contractor will also be required to file a disciplinary bond.

How does the CSLB address complaints against unlicensed contractors?

Unlicensed contractors, as opposed to licensed contractors, don’t have a license which can be suspended or revoked. When the CSLB receives a complaint against an unlicensed contractor the CSLB may issue a citation including an order of abatement to cease and desist and a civil penalty up to $15,000, file a criminal action with the local district attorney’s office, or initiate injunction proceedings in the superior court.

Unlicensed contractors have 15 days from service of an administrative citation by the CSLB to appeal a citation. If an unlicensed contractor appeals a citation, a hearing is held before the Registrar of Contractors who may revoke, modify, or affirm a citation. A mandatory settlement conference before the hearing may also be conducted.

view post: What You Need to Know About Enforcement Actions by the Contractors State License Board

 

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CSLB Explains B General Experience

Finally, something in writing from the CSLB that explains the B General Experience requirements.

B Acceptable Experience per CSLB

And there is nothing in the law that backs this up!

What you see here was sent to a client of mine from Indiana. The highlighting was done by the Contractors State License Board application technician.

The bottom two lines clearly state [Experience in framing and at least any two…], but there is nothing in any law or regulation that states this. Now it’s always been this way, it was this way when I worked at the CSLB from 2001 to 2005, but just because it’s been this way for a long time doesn’t make it right. This is a CSLB underground reg that needs to be corrected and/or stopped!

The law does state: “The application is, as determined by the registrar, for a classification that is closely related to the classification or classifications in which the licensee is licensed, or the qualifying individual is associated with a licensed general engineering contractor or licensed general building contractor and is applying for a classification that is a significant
component of the licensed contractor’s construction business as determined by the registrar.” “As determined by the registrar” is the key phrase here. Other than in this CSLB provided text, where is it stated that Framing is a requirement?

As determined by the registrar is a dangerous statement. The registrar could “determine” any number of policies or procedures that would have a very negative effect to applicants, licensees, construction companies, and the industry as a whole. I think “As determined by the registrar” needs to be removed from the law.

7057. General building contractor

(a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.

This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of, the work of the general building contractor.

(b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an
appropriately licensed contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor shall not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades.

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How to Get a California Contractors License Part 5

IN THIS SERIES OF POSTS, I’LL TELL YOU HOW TO GET A CALIFORNIA CONTRACTORS LICENSE. HERE IS PART 5.

Now lets discuss different titles or positions and business entities:

RME or RMO Contractors21) What is the difference between an RMO and RME?

RMO or Responsible Managing Officer is the qualifier for the license and may or may not hold any ownership in the company. An RME or Responsible Managing Employee is the qualifier for the license and may not hold any ownership in the company.

22) Can an RMO be a qualifier on more than one License?

Yes. An RMO can be the qualifier on up to 3 corporate licenses as long as he or she holds at least 20% ownership in each company. The CSLB has passed a new law giving them more enforcement power over qualifiers who qualify more than one license. Those qualifiers need to have an active role in all projects done under the licenses for which they qualify. If enforcement action is taken against a qualifier on any one license, it will have a negative effect on every other license that he or she qualifies.

23) Can an RME be a qualifier on more than one License?

No. An RME can only qualify one license at a time. He or she may have a Sole Owner license but it must be inactive while the person is acting as an RME. By law, an RME must work a minimum of 32 hours a week.

24) Can an individual have more than one license?

Yes. An individual can have as many as 10 Sole Ownership licenses.

25) Can a Sole Owner also be an RMO or Qualifier on another License?

Yes. An individual can be an RMO on another license as long as he or she holds at least 20% ownership or more of the company. As I stated in #22, if you are going to qualify three licenses at the same time, be careful not to spread yourself too thin as you will be required to have an active participation in all projects done under all licenses you qualify.

The finale, Part 6, coming soon!

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How to get a California Contractors License Part 3

In this series of posts, I’ll tell you how to get a California Contractors License. On to part 3.

How do I get a california contractors license12) What happens if I fail the exams?

The Law and Trade exams are scored separately, and you can take either exam as many times as necessary for 18 months (at $50 per retake). If you don’t pass within 18 months, you have to reapply. If you passed one of the exams it still counts for up to 5 years.

13) Is Workers’ Compensation Insurance Required?

Yes. Unless the entity has no employees, then a certificate of exemption can be filed with the Board. *The law now requires that roofing contractors must have W/C whether or not you have employees.

14) What is the cost to apply for a license?

The application filing fee is $250, the Initial License Fee is $150. Both of these fees can be paid when the application is submitted. If the applicant chooses to remove his or her application after submittal, only the Initial License Fee will be refunded.

15) Can I apply for more than one classification at a time?

No. You need a license number before you can apply for an additional classification. So, for example, first you might get a B license as a general builder, and then later add an classification such as a C-10/Electrician.

16) Does the CSLB recognize licenses from other States?

Yes. The CSLB has reciprocity agreements with Utah, Nevada and Arizona. It is possible to get a CA license if you hold a license in one of these states by only having to take the CA Law & Business exam. The key is, you must have been licensed in the other State for a minimum of 5 out of the last 7 years.

Coming up… How to get a California Contractors License Part 4.

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Contractors State License Board Beefs Up Public Works Unit

Contractors State License Board Beefs Up Public Works Unit

By Garret Murai, December 30, 2013

The California Contractors State License Board (“CSLB”) has announced that it’s beefing up its Public Works Unit to help ensure that contractors bidding and performing work on public works projects are complying with wage and worker’s compensation laws.

The CSLB’s worker-focused expansion follows the California Labor Commissioner’s record-breaking prevailing wage enforcement actions this year.

And if recently enacted legislation is any indication, labor law will continue to be a hot topic this coming year.

[Read more…]

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2014 California Construction Law Update

2014 California Construction Law Update

by Garret Murai

2014 California Construction Law Update

Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Browns desk and 800 were signed into law.Looking back, 2013 could be called the year of the labor unions. Strong Democratic majorities controlled both the Assembly and Senate. Democratic Governor Brown, enjoying record high approval ratings, surpassed Republican Earl Warren as the longest-serving governor in Californias history. And, 2014 being a primary election year, incumbents are under pressure to show their supporters what theyve done for them lately.The stars aligned, labor unions saw the passage of legislation restricting the ability of charter cities to avoid prevailing wage laws, new laws expanding the authority of the California Labor Commissioner, and tighter…

Read the entire article here: via [New post] 2014 California Construction Law Update.

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Contractor Talk Post

Wow…. here’s a post/question/comment/complaint I received in the ContractorTalk Forum. I’m am so floored by how the CSLB is treating applicants, I’m beside myself. Read on…

Phil – I think you’re right about flagging Asian last names. As I explained to you in my private message, I’m being asked for all kinds of documentation for my Class B. And, I have an Asian last name. Go figure.

They didn’t take my business classes, algebra, advanced math or my CA real estate license and appraisal courses into consideration at all. First I was told that they can’t call my employer out of state, so they want 1099’s and check stubs. Fine. Sent them. The Licensee Deputy approves and then they send me to an Experience analyst. She tells me that the 1099’s are useless, because I, “could have earned the money doing anything”. So why did you ask me to hunt down an old, handicapped prior employer 3,000 miles away to get the darn things?

She tells me that my application shows c6 work and not Class B. She sends me a form asking if I want to withdraw my application. I emailed Andrea S. and asked her since when cantilevering decks, framing additions, siding and roof work is millwork. She said it was millwork and not general building! How ’bout that? She asks me to provide permits and contracts. I explain that as a journeyman employee I’m not required to have either, and that legally my contractor employer isn’t even required to keep those docs for more than 3 years. They then asked for client contacts, which I don’t have as an employee.

She says that I need to go back to the elderly, sick employer 3,000 miles away and get a notarized letter from him outlying my duties. I included hours worked, duties by year for the 10 years through apprenticeship (4yrs) and journeyman level (6 years). What else should he document in the letter?

I do think I’m being targeted. When I explained that I felt that shuffling me from department to department for 10 months now is excessive, and I don’t understand why they ask for documentation that they then tell me they can’t use (like the 1099’s and pay stubs), I’m told that I need permits and the notarized letter from my certifier. Wasn’t his certification enough? No, because he was a foreman and not a contractor. Again, I have no legal reason to have permits as a journeyman. I think they just don’t want to license me – possibly because I’m Asian.

I even included letters from people who can verify that I’ve done extensive work on my own homes. I offered to send in 200 material receipts to verify the work and was told that they weren’t needed. What else can I send in to help with this?

contractor talk post

My reply:

I may actually be speechless!!! Oh wait… no I’m not.

Your experience with the cslb just floors me!! How incompetent can one state agency be? Seriously?!? You give them what they ask for, what they have listed in their ridiculous list of acceptable items, then tell you they won’t accept them. I truly wonder (often) why the patients are running the asylum!

My advice is to contact your State Representative! Show the rep the letter the cslb gave you with the options. Show the rep what you provided, per their list, and show the rep the response you received from the cslb.

It has been pointed out to the Board, directly, that the licensing unit is asking for docs that most applicants aren’t required by law to need or obtain. Yet, they keep asking for them. Then they have the nerve to reject those docs.

I wish I had proof in hand that the cslb is profiling Asian applicants, but they are just smart enough not to have put anything in writing… as far as I’m aware. I was just told that the license techs were verbally told to pull apps with Asian last names. So suggesting to a State Rep that you’re being profiled would most likely be flat out rejected by the cslb. For me… I’d mention it anyway. Let the cslb hear the accusation so they know what they’re doing is out in the public.

Like I said… I was almost speechless.

If you feel you’ve received biased, unfair, ridiculous treatment from the CSLB, let them know about it. Submit this form. CSLB Client Services Complaint Form

via California Licensing – Page 70 – Contractor Licensing – Contractor Talk.

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CSLB Qualifying Experience – Final Part

Conclusion to: CSLB Qualifying Experience – Final Part, I will be discussing the CSLB Qualifying Experience outline and process. Final Part

Below are a set of powerpoint slides that were shown at the recent Contractors State License Board Licensing Committee Meeting held at the CSLB office in Sacramento on October 21, 2013.

Along the way, I’ll add my advice and opinion where necessary. Click on the images to enlarge.

CSLB Qualifying Experience - Final Part

Slides #25-26

These slides are self explanatory. You should refrain from using words like; he, she, I, we, us, or your personal name. The experience should always begin with… Experience includes…. then list your daily trade duties performed in the field. Remember…. do NOT list administrative experience.

CSLB Qualifying Experience - Final Part Slides #27-28Slide #27 gives some stats of applications received, processed, rejected. I think these numbers are way too low and don’t encompass what exactly is taking place.Slide #28 states this application processing procedure ensuring that the applicant has the proper experience. Isn’t that what the test is for? Could anybody just walk in and take the exams without any trade experience? I say, let the exams be the lithmus test!After that the slide states that the application processing procedure benefits the applicant in both cost and time. This one blows me away! How is it benefitting the applicant in cost when the chance of their $300 application filing fee disappears? According to them, it happens to 34.2% of the applications every month. And that number doesn’t include the applications that were withdrawn or denied after it was sent to formal investigation.
CSLB Qualifying Experience - Final Part Slide #29States this process frees up enforcement division resources to pursue the most questionable applications. Again, who is determining what “most questionable” is and what is their criteria? The application that uses “he” or “she” in the experience outline? Then it goes on to state that it takes less time than a formal investigation… let’s see… it’s currently taking “non” formal investigations almost 2 months for the applicant to receive the reject letter, return the docs, and have them reviewed. Looks like a push to me. Either way, you’re going to be waiting 3-4 months before your application is even posted and an exam date issued. From there, you’re waiting another 3-4 weeks before you sit for your exams.

That concludes this series of posts “CSLB Qualifying Experience – Final Part” regarding the Contractors State License Board Licensing Committee meeting and powerpoint slide presentation. The bottom line is… have all of your ducks in a row before you submit your application. And I would recommend that you have me review your application and your work experience history first. Paying me $75 could save you $300 and months of heart ache.

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How to Start a Construction Business

How to Start a Small Construction or General Contracting Business

by Caron_Beesley, Community  Updated: March 5, 2012

Below is an article I found about how to start a construction business. There are many great links to information on the Small Business Administration’s (SBA) website. I can also provide you with guidance, information, and tools to help you start your construction business. On my services offered page, we include corporation formation, bonding and insurance services, and of course, license application services.

Interested in getting into the construction business? Now might be the time, with market forecasts courtesy of IBISWorld predicting a steady rise in the value of the construction industry over the next five years – 12.5 percent annually for residential construction and 13 percent for private non-residential construction.

If you’re interested in starting a construction, home improvement, or contracting business, here are some business and regulatory basics you need to be aware of.

how to start a construction business10 Steps to Starting any Business

Start by familiarizing yourself with the basic steps involved in planning and forming any kind of business, including planning your business strategy, incorporating and registering with the right government agencies. Read these essential 10 Steps to Starting a Business from SBA.gov.

Get Licensed, Bonded, and Insured

Protect yourself, your business and your clients by ensuring you have the right licenses and permits, business insurance, and surety bonds. Here are three reasons why and information on how to obtain them:

1) Business Licenses and Permits – In addition to a general business license, most construction or contracting businesses need specific licenses to operate legally. For example, a tradesman license is required for electrical, plumbing, HVAC, gas fitting, and other construction trades.

Use this handy SBA.gov search tool – “Permit Me” – to identify the exact license and permits you’ll need. Just enter your zip code and business type. Local government websites also list this information and can guide you through what you’ll need.

2) Surety Bonds – A surety bond is not something many business owners think about, but in almost all cases, construction businesses need construction bonds in order to operate legally. You arrange for a surety bond from a third party who promises to pay your client if you do not fulfill your work obligations under a contract. Bond regulations vary by state, so research your state’s requirements or speak to a reputable surety bond agent. If you are unable to secure a bond through a commercial channel, SBA offers its own Surety Bond Guarantee program that can help.

3) Insurance – Depending on the nature of your work and whether you employ workers directly, you will need several types of business insurance. Consider getting general liability insurance as well as vehicle and property insurance. This will protect you against claims for personal injury and property damage, and cover the costs of legal proceedings. Individual states also require businesses to carry specific insurance, such as workers’ compensation insurance, unemployment and state disability insurance. Read this article for more information on business insurance: Business Liability Insurance – Tips for Protecting your Assets with the Right Coverage.

Remember: jobsites won’t do business with you unless you can prove you have the right coverage.

Familiarize Yourself with Construction Industry Regulations

From energy efficiency standards to workplace safety regulations, the construction industry is heavily regulated. Read SBA.gov’s Construction Industry Guide, which compiles everything you need to know in one place.

Develop an Occupational Health and Safety Plan

The Occupational Safety and Health Act (OSHA) requires that construction workers are provided a safe workplace free from recognized hazards. Fortunately, the OSHA.gov website offers a variety of tools and services that can help you comply and develop a safe workplace. These include on-site consultations, training, and more. Read more in SBA’s Workplace Safety and Health guide. Check out these quick reference resources, too:

Finding and Hiring Labor

The construction industry generally secures labor from four sources – subcontractors, hired employees, labor brokers, or independent contractors. Of course, the law differs in how you work with each of these. For example, when hiring employees, you’ll take on additional obligations such as withholding taxes, paying wages, benefits, complying with employment law, and so on. To get you started read, 10 Steps to Hiring your First Employee on SBA.gov.

While there are no specific laws governing how you work with subcontractors, you may wish to draw up a contractual agreement and ensure that they, too, are licensed, bonded, and insured.

If you engage a broker to find labor, you will pay the broker directly. If you hire independent contractors (self-employed individuals), you will pay them directly but, unlike employees, you are not responsible for paying benefits or withholding taxes. There are strict tax reporting requirements for working with independent contractors. Read about them here.

via How to Start a Small Construction or General Contracting Business | SBA.gov.

Here is an additional and updated article that you may find helpful: https://www.cleverism.com/employment-law-guide/

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