UNITED CONTRACTORS ASSOCIATION

I whole heartedly agree with your position to repeal B&P 7027.2.It ought to require an unlicensed operator to state their workers compensation policy status, their General Liability Insurance status, as well as CLEARLY STATE that they cannot legally perform work where labor AND materials exceed $500. But even if all this happens it is all useless unless enforced. When law only applies to law abiding citizens it is only punitive to those who abide. I cannot understand why local law enforcement is not willing to enforce the law.

Something’s got to happen before all the legitimate contractors are defeated and end up joining the underground economy to just to survive. As long as homeowners are offered the opportunity to exploit this fringe element of society they won’t consider themselves as contributing to the problem. And no politician is ever going to do anything that legislates what a homeowner can and cannot do with their own property if they ever hope to get re-elected.

Kevin

From the consumer's standpoint and that of competent, bonded and insured contractotrs, if there are not equal requirements imposed on "unlicensed" contractors, then in theory, a license is irrelevant. However, I suspect that the requirements will not be the same, and simply requiring "unlicensed" in an ad is not adequate disclosure of the protections for consumers that otherwise exist and certainly calls into question whether or not the playing field would be level.

Barry

Realtors Don't get your assets caught in a sling! - J Bronstrup, RMO, Bristol Builders, Inc.- 12/2008

If you are representing a seller, buyer, managing an REO, or are the employing broker in a Real Estate transaction; if you or your employee hires an unlicensed contractor to perform repairs on a property that the California State Contractors Board specifically states must be performed by a licensed contractor, you could be held liable for up four years after the completion of the sale for any fines, fees, penalties or liabilities resulting from the illegal practice or from damages due to neglect, gross negligence or misconduct from the hiring or performance of that unlicensed contractor.The State of California and the IRS have very specific laws and penalty guidelines for businesses that engage in the illegal hiring of unlicensed construction workers, €œhandymen, to do work otherwise required of a licensed contractor.

I come from the mortgage industry that was plagued by the 100's of thousands of "turn your head" attitudes of Realtors throughout California for the sole purpose of more commissions. As a construction lender I saw 1000€™s of illegal construction projects either completed by illegal practice or by unlicensed handymen or by both. 100% of Realtors turned their heads with the œdisclosure clause or by referring their unlicensed handymen to the buyer once a repair was needed, thereby œwashing their hands of any wrongdoing.

This is the highest level of ethical wrongdoing in the Real Estate industry that flies under the radar everyday because of the power the Realtor supposedly has over us. We as licensed legal professionals remembering the major portion of our licensing test is legal issues in the same industry as the Realtor who sells what we build should hold them to the highest standard of fiduciary responsibility and REQUIRE State boards to enact strict standards.

Jerry

Thanks for the info. I bought a home in which my realtor stated they had a contractor that could do the remodeling, so I bought the home based on this (stupid me), after almost 8 months of showing up for work a few days out of the week, and paying them 10's of thousands (no contract as they are great friends with the RE agent and "don't worry, we'll take care of you") again stupid me . . . now I've got a huge bill, the RE agent is agressively trying to get me to pay the final - oh yeah, guess what, the contractor is not licensed!!! Doesn't the DRE for California have ethics training for their licensed agents???

€™CSLB Underground Economy Conference, from 8:30 a.m.- 4:00 p.m. Thursday, June 18, 2009, Holiday Inn Capitol Plaza, 300 J Street, Sac, Ca. Licensed contractors are finding it increasingly difficult to compete against unfair competition.
CSLB has organized this conference to educate licensed contractors, building industry associations, local building and code enforcement officers, and local law enforcement on how to effectively partner with CSLB and other agencies to combat illegal construction activity. In addition to CSLB, representatives from the Department of Insurance, the Employment Development Department, the Department of Industrial Relations Division of Labor Standards Enforcement, Building Departments, and local prosecutors, will be making presentations on common violations of law that undercut legitimate licensees.
Seating is limited, so please RSVP by Thursday, June 4, 2009, to Shelly Beard either via e-mail at sbeard@cslb.ca.gov or by phone (916) 255-4469.

Below is a link to the .pdf file that was handed out at the March CSLB Board
Committee Meeting. This is a very important interesting read providing great insight into how CSLB
Board makes determinations relating to the future of our industry.
When you click on the link, you will find that I have focused on
highlights the UCA has been working on at CSLB as an industry partner.
If you would like to see more of these types of files, including Enforcement
Committee and Legislative Committee meetings, contact us and we will let the
boards know that we expect the public access to which we are entitled.
CSLB Board Committee link page:
http://gouca.org/2b.html
The Contractors State License Board (CSLB) will hold a Board/Committee meeting
on May 26, 2009, from 10:00 a.m. to 1:00 p.m. in the John C. Hall Hearing Room,
located at CSLB Headquarters, 9821 Business Park Drive, Sacramento, California,
95827, (916) 255-4000, Fax (916) 364-0130. The meeting is open and the public
is invited to atten

It's a pleasure and an honor to be affiliated with your fine company !

United Contractors,
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I see arguments about construxction, and the state agency.
Well, it IS the law, and people ought to live up to it. (to have a lic) But any other point of view ought to have a say. I don't mean that bad work, or crooked work, or work against the code ought to be tolerated. No way.
Also, the exemption for licensing... might look into increasing this . Because many states have a much bigger exemption to licensing. This way, people could be required to register, so we know who they are. Any some insurance could be avail for them. I see nothing wrong with this, because other states do it, and I don't hear any harm from it.
If people make mistakes, or mess up a job, then we need to tell the contractor that he must pay a fine, and more for premiums. But let them operate- unless its useless- then lock them up.
The state seems to be creating an expensive class of licensed contractor. These high rates could go down fior the public, if the exemption is increased, and more people can