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Recent Posts in Construction Law Category

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Don't Lose Your Lawsuit For Failure to Prove You are Licensed

When you file a lawsuit in California claiming you are a license contractor be ready to prove it at trial or lose. Business & Professions Code Section 7031(d) requires that you prove you were ...
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Almost All LLC License Applications Rejected - Why?

Since the first of this year, CSLB's Licensing division has processed about three dozen limited liability company ( LLC ) license applications; to date, five licenses have been issued. This ...
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Don't Falsify Experience to Add A Trade Classification it Could Cost Your Your License

Thinking about falsifing experience when applying to add a trade classification to their license ? Don't do it the CSLB is checking. State law requires four years of journey-level experience (some ...
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RMO or RME - It is your Responsibility!

If you are the qualifying member of a construction business, you and your licenses will be held accountable for all activity and any violations committed by other members of the license. As the ...
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California Supreme Court Rules on Meal and Rest Periods

California employers got an unexpected gift from the California Supreme Court today when it ruled on Brinker Restaurant Corp. v. Superior Court Case number S166350. In this labor case the Court ruled, ...
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CSLB Issues LLC Licenses and Rejects Many Application - What to Know Why?

SACRAMENTO, CA – The California Contractors State License Board (CSLB) issued the first state contractor license to a limited liability company (LLC) on January 19, 2012, as part of the new ...
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CSLB Fresno Sting Sends 21 to Court for Ripping Off Consumers Unlicensed, uninsured construction activity targeted during two-day undercover operation

Contractors - if you are contracting without a license, asking for more than $1,000 as a deposit or not carrying workers compensation Insurance you better be aware that the Contractors State License ...
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Wilfull Misclassification of Employees as Independent Contractors - New CSLB Law

Senate Bill 459 authorizes the Labor and Workforce Development Agency to issue fines for the willful misclassification of employees as independent contractors, and requires the agency to notify CSLB ...
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Mechanics' Lien Proof of Service Affidavit Clarified

Assembly Bill 456 (Chapter 673, amends sections 3084 and 8416 of the Civil Code) clarifies that the proof of service affidavit that must accompany a mechanic's lien filing to validate the lien ...
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Be Ready to Recertify: Proof of Workers' Compensation Insurance Coverage or Exemption Required with Each License Renewal

As part of CSLB's ongoing effort to level the playing field for licensees who comply with workers' compensation insurance laws, the Board this year sponsored a pair of bills that became law: ...
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Limited Liability Companies Licensing - What you need to Know

Limited Liability Company Licensing Begins in Late December Limited liability companies (LLCs) will be able to apply for a CSLB license by January 1, 2012, as required by 2010 state legislation. The ...
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Requiring Payment of Referral Fees is Prohibited

No matter what you call it-a referral fee, incentive, inducement, or kick-back, any time a fee is requested or required for referring contracting work , a state law is being violated and you risk ...
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Failing to Obtain Building Permits Could Cost You Money!

Before you begin work on any building project, you must check with your city or county building department to determine if your project requires a permit . Permits help ensure that work is performed ...
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Maximum Down Payment Allowed

The number of consumer complaints filed with CSLB for solicitation or receipt of a down payment in excess of the legal limit has doubled in the past four years. Remember, it is illegal to request or ...
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Common Causes for CSLB Revocations and Suspensions

One of the most common reasons for contractor license revocation or suspension is failure to submit payments within the appropriate time frame following citations or CSLB arbitration decisions. To ...
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Submit Your Proof of Workers' Compensation Insurance to CSLB

Have you added workers to your contracting business since filing a workers' compensation insurance exemption with CSLB? If so, you must submit a certificate of workers' compensation insurance or a ...
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New Laws Affecting Contractors to Take Effect in 2012

The following bills, which were signed into law by Governor Jerry Brown this summer and go into effect next year, may have an impact on home improvement contracting and the construction industry: ...
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Emergency or Force Majeure Clause In Construction Contracts

We all know that something bad can happen on a construction project that can cause delay. The question is how do we deal with it. Most contracts have some provision in case of emergency or force ...
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CSLB Undercover Operation Targets Illegal Operators in Orange County

SACRAMENTO - The Contractors State License Board (CSLB) teamed up with the Orange County District Attorney's Office and La Habra Police Department for a two-day sting operation in La Habra where 15 ...
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Suspended and Expired Licensees Among Those Cited in Santa Cruz Sting

SACRAMENTO - A Contractors State License Board (CSLB), Santa Cruz County District Attorney's (DA) Office and California Department of Insurance sting operation at a home near the Santa Cruz Harbor on ...
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Being Named as Additional Insured on General and Subcontractor's Insurance

If you have ever had an accident occur on a project you know how important it is to have insurance . It is equally important that the general and the subcontractors have insurance and that the general ...
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REVOKED LICENSEES AND REPEAT OFFENDERS AMONG THOSE ILLEGALLY CONTRACTING IN LA JOLLA

CSLB sting catches 23 unlicensed operators in two-day operation SACRAMENTO - A Contractors State License Board (CSLB) sting operation at a La Jolla home on May 25 and 26, 2011, netted 23 for ...
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Change in Structure of Business Entity Requires New License Number

Contractors must re-apply to the California Contractors State License Board whenever there is a change in the entity that they are licensed under. For example, if you are general partnership and one ...
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Who Must be Licensed as a Contractor?

All Businesses or individuals who construct or alter, or offer to construct or alter, any building, highway, road, parking facility, railroad, excavation or other structure in California must be ...
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What General Contractors Can and Can't Do

General building contractors usually oversee projects and coordinate the specific licensed subcontractors for a job. Specialty or subcontractors are usually hired to perform a single job. For example, ...
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