California Contracting and Construction Law Handbook

State:
Multi-State
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

This is a closed-book examination. No reference materials may be used during the examination. All materials brought to the examination site must be left in an unmonitored area at your own risk.

A lot depends on your professional background, confidence as a test-taker, and even your available study schedule. As a general rule of thumb, though, it isn't incredibly difficult to get a passing score on your exam as a school, we have a 99%+ first-time passing rate, so it's definitely something you can do.

A lot depends on your professional background, confidence as a test-taker, and even your available study schedule. As a general rule of thumb, though, it isn't incredibly difficult to get a passing score on your exam as a school, we have a 99%+ first-time passing rate, so it's definitely something you can do.

Each examination is a multiple-choice test with the options A, B, C, or D. There is no writing. The Law test consists of 115 questions. The Trade exams range between 100 and 120 questions.

According to state law, it is illegal for an unlicensed contractor to advertise as being licensed or contract for work exceeding $500 in value for labor and materials.

Those who are caught contracting without a license likely will have to appear before a Superior Court judge to answer to misdemeanor charges that can carry a potential sentence of up to six months in jail and/or a $5,000 fine, as well as an administrative fine of $200 to $15,000.

If you fail to appear for an examination, you must pay a $100 rescheduling fee. Your examination may be rescheduled one time without a fee if you provide documented evidence that the failure to appear was due to a medical emergency or other circumstance beyond your control.

What Should Be in a Construction Contract?Identifying/Contact Information.Title and Description of the Project.Projected Timeline and Completion Date.Cost Estimate and Payment Schedule.Stop-Work Clause and Stop-Payment Clause.Act of God Clause.Change Order Agreement.Warranty.More items...

The California Contractor's State License Law protects homeowners against unlicensed contractors. It is illegal for an unlicensed person to perform contracting work on any project valued at $500 or more in combined labor and material costs.

You need to answer 72% of the questions correctly to pass the law. Passing scores on some trades vary but on most trade exams you need to answer 70% of the questions correctly to pass.

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California Contracting and Construction Law Handbook