Laws For Contractors In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

A detailed analysis of the laws affecting construction contracts including:


" Offer and acceptance;

" Written agreements: integration and merger;

" Mutuality and consideration;

" Expressed and implied obligations;

" Waiver and Disclaimer of Implied Warranty of Habitability;

" Breach and Enforcement: finding materiality and damages;

" Remedies and Procedure in Actions Involving Building and Construction Contracts;


Also includes sample forms from the USLF Website as follows:


" Sample Contract Clause Limiting Remedies;

" Non-Waiver Agreement between Contractor and Owner Regarding Accepting Late Payments;

" Sample count in suit for rescission;

" Petition for Rescission of Contract Failure of Contractor to Obtain Building Permit;

" Complaint for Damages, Specific Performance of Contract, and
Appointment of Special Master to Oversee Construction against Contractor and Agent's Breach of Contract to Construct House;

" Sample Construction Contract Change Order; Sample contract clause regarding arbitration;

" Labor and Material Payment Bond;

" Contract For Construction of a Commercial Building;

" Mechanics' Liens;

" Construction defects;

" Licensing Issues in Mississippi;

" E-discovery; and

" Electronic Message Archiving;

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FAQ

You do not need a California handyman license. An unlicensed handyman can perform a wide range of services as long as the scope of work is less than $500 per job (including labor and materials).

At the discretion of the court, you may be fined up to $5,000 and/or sentenced to time in jail, not to exceed one year. The city or district attorney's office could seek to impose additional penalties pursuant to the Unfair Business Practices Act (Chapter 4, Business & Professions Code).

Legal Implications For Contractors: Unlicensed contracting is a misdemeanor in California. A first conviction can result in imprisonment for up to six months and/or a fine of up to $5,000. Repeated offenses can lead to harsher penalties, including mandatory jail time and higher fines.

It's a crime in California for someone to fraudulently use a contractor's license number. This crime is embodied in California Business and Professions Code 7027.3 BPC. If you're convicted of this crime, depending on case facts, you could face significant fines and up to 3 years in prison.

The legislature requires this in order to protect the public from unscrupulous and unsafe contractors. Under California Business and Professions Code Section 7028 BPC it is illegal to engage in contracting without a license.

Reporting Unlicensed Activity The best way to let CSLB know about unlicensed activity on an active job site is by completing the SWIFT Lead Referral form. After completing the form you may attach it to an email and send it to the appropriate SWIFT office.

The Contractors State License Board (CSLB) protects California consumers by licensing and regulating the state's construction industry.

CSLB is a semi-autonomous board within the state's Department of Consumer Affairs. Our mission is to protect consumers by regulating the construction industry through policies that promote the health, safety, and general welfare of the public in matters relating to construction.

Once a complaint is filed, the CSLB will assign it to a Consumer Services Representative (“CSR”) and the CSR will attempt to resolve the consumer's (referred to as the “complainant”) claim(s) through negotiations with both the complainant and the contractor.

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Laws For Contractors In Alameda