
There have been substantial amount of cases dealing with unlicensed contractors. It has been such an issue that lists have been compiled containing unlicensed contractors. It is illegal to hire unlicensed contractors in California. It often could result to your arrest if you are caught doing so, but most importantly, when you hire an unlicensed contractor, it usually means they are uninsured and also, you have no coverage from your homeowner’s insurance if any damages have incurred to the contractor, you, or your property. It’s important to be prepared when you decide to hire a contractor to work on your home.
All contractors need to have:
- At least 4 years of experience/education in the field, must be fingerprinted, have an FBI background check, and be bonded.
- A contractor’s state license from CSLB if anyone is performing construction work in California that totals $500 or more in labor and materials.
- Insurance for the employees performing construction work
- A contractor’s bond that must be in the amount of $12,500 written by a licensed surety company to maintain the active license
The last one is very important. If you hire an unlicensed contractor, they automatically become your employees, which means, you are the one who may be sued for the injured worker. If you deal with a licensed contractor, the contractor is responsible for any of its employees’ injuries.
To make sure the contractor is confirmed licensed, you can:
- Go to the California State Contractor’s License Board and verify that they are licensed. You can enter by the contractor’s license number or the name of the company.
- After your search, you will be able to acquire whether or not they have up-to-date insurance and bonds.
- Call the telephone number provided by the CSLB and confirm that the person you are dealing with is a legitimate employee of that company
- Obtain copies of their contractor’s bond and workers’ compensation insurance so you have it on file.
As a homeowner, you MUST DEMAND that the contractor can prove to you:
- Bona Fide Employee or Owner: the person you are dealing with is truly an employee or owner or authorized agent of the contractor.
- Documentation: be sure that the contractor has all the proper insurance and bonding documents
If the contractor refuses or cannot satisfy these demands, chances are they are an unlicensed contractor.
GET IT IN WRITING. Obtain a firm WRITTEN quote from the contractor detailing the exact work to be performed, the exact cost for the work, the date the work will begin, and the time it will take to complete the work.
GET AN EXACT PRICE QUOTATION. DO NOT sign any contracts or agree to pay a contractor based on “open time and materials” needed to perform the work. GET AN EXACT PRICE. Time and materials is vague and unclear as to how much it will cost, and the contractor has no incentive to finish quickly or efficiently.
GET ALL CHANGES IN WRITING. Just as with the original contract, DO NOT approve changes in the price or scope of work verbally. Insist that all changes in price or scope of work be in writing signed by both the contractor and the homeowner.
YOUR RIGHT TO RESCIND. DO NOT waive (give up) you 3 day right to rescind the contract unless the work you need done is truly an emergency that cannot wait to be started for 3 days. DO NOT fall for “getting the work done at a discount because the contractor just happens to be in the area”. This is an old trick that the homeowner falls for thinking he will be getting a price break.
DOWN PAYMENT. By law, the contractor cannot ask for more than 10% of the entire contract price or $1000.00 (which ever is less) for a down payment before any work is done. DO NOT allow anyone to talk you into deviating from this.
ADVANCE PAYMENTS. By law, the contractor cannot ask for payments for any work that has NOT YET BEEN DONE. DO NOT prepay for materials not yet delivered either. As a requirement for getting a contractors license, the CSLB requires that all contractors have enough money or credit (at least $2500) to be able to fund the project at the beginning. Also, any legitimate contractor will have credit terms with suppliers, usually 30 days before they have to pay the invocies. It is possible to pay for materials directly, which should be a bargaining point since you are now financing the contractors project.
WAIVERs AND RELEASES. DEMAND that your contractor provide an “Unconditional waiver and release” from all their material suppliers and subcontractors used by the contractor for the work you have already paid for BEFORE you pay for any more work. Even if your contractor gives their own written guarantee that its suppliers and subcontractors have been paid, those suppliers and subcontractors may still record a “Mechanics Lien ” against your property if your contractor fails to pay them. This is very important, DO NOT let the contractor talk you out of these. It is for your protection.
PAYMENT and PERFORMANCE BONDS. If the work to be done is significant, the homeowner should consider requiring the contractor to obtain a payment and performance bond This is above and beyond the $12,500 bond required by the CSLB for all licensed contractors. The principal cost of the bonds may have to be paid by the homeowner (which is a percentage of the value of the work to be performed taking into consideration specific factors relating to the contractor). However, it is a red warning flag if the contractor has trouble qualifying for the payment and performance bonds, or if the premium required is higher than the average premium.
Knowing all this could really help protect you in a financial loss. This is your property, this is your home, and a stranger is working on your home. Now, that may sound alarming, but knowing they are licensed and have all the necessary insurance and bonds, it provides a better sense of security, not just for your property, but yourself as well.
Sources: Scholefield – Construction Attorneys