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Contracts & Execution

105 questions

1. Under California law, a home improvement contract is required for residential work when the total contract price (labor AND materials) is at least:

a.$200
b.$500
c.$1,000
d.$2,500

California requires a written home improvement contract for any work on a residential property totaling $500 or more, including both labor and materials.

Bus. & Prof. Code §7159

2. A homeowner can cancel a home improvement contract that was solicited at their home within:

a.24 hours
b.3 business days
c.5 business days
d.7 calendar days

The three-day right of rescission applies to contracts solicited and signed at the consumer's home. The homeowner has until midnight of the third business day to cancel without penalty.

Bus. & Prof. Code §7159(b)

3. Which of the following MUST be included in a California home improvement contract?

a.Architect's stamp
b.A list of all subcontractors
c.Contractor's license number and expiration date
d.A performance bond number

California law requires home improvement contracts to include the contractor's name, address, license number and expiration date, description of work, project start and completion dates, and payment schedule.

Bus. & Prof. Code §7159

4. A contractor and homeowner agree to change the scope of work during a project. This agreement must be:

a.Verbal, confirmed by a handshake
b.Written and signed by both parties before work begins
c.Approved by the local building department
d.Filed with CSLB within 10 days

All changes to a home improvement contract must be documented in a written change order signed by both the contractor and homeowner before the changed work begins.

Bus. & Prof. Code §7159(d)

5. A contractor may demand final payment from the homeowner:

a.Upon substantial completion of the project
b.When 50% of the work is complete
c.After all materials are delivered to the site
d.At the start of the project

A contractor may not demand or accept final payment until the project is substantially complete. Demanding payment before this point is a violation of California Contractors' Law.

Bus. & Prof. Code §7159

6. Which statement about arbitration clauses in construction contracts is TRUE?

a.They are illegal in California
b.They can be included but must be clear and conspicuous
c.They are required in all home improvement contracts
d.They automatically waive the right to a jury trial in all cases

Arbitration clauses are permitted in construction contracts but must be clearly disclosed, written in at least 10-point boldface type in home improvement contracts, and separately initialed by the homeowner.

Bus. & Prof. Code §7191

7. A contractor abandons a job without justification after receiving a substantial deposit. The contractor may face:

a.A civil fine only
b.Only a requirement to refund the deposit
c.License suspension or revocation and criminal charges
d.A warning letter from CSLB

Abandonment without legal excuse exposes a contractor to license discipline (suspension/revocation), civil liability for breach of contract, and potentially criminal charges for misappropriation of funds.

Bus. & Prof. Code §7107

8. Who is primarily responsible for obtaining building permits on a construction project?

a.The property owner
b.The architect
c.The local building department
d.The prime contractor

While permits can technically be pulled by the owner, it is the contractor's professional responsibility to ensure all required permits are obtained before work begins. Working without required permits is a license violation.

Bus. & Prof. Code §7090

9. A contract clause that shifts responsibility for delays outside the contractor's control to the owner is called:

a.A force majeure clause
b.A liquidated damages clause
c.An indemnification clause
d.A no-damage-for-delay clause

A force majeure clause excuses a party from performance when extraordinary events beyond their control (weather, acts of God, pandemics) prevent timely completion. It protects the contractor from delay damages.

10. An owner includes a liquidated damages clause of $500 per day for late completion. This clause is enforceable if:

a.The amount represents a reasonable estimate of actual damages at the time the contract was signed
b.The amount is very high to punish the contractor
c.It is approved by CSLB
d.The contractor waives their right to arbitration

Liquidated damages are enforceable if: (1) damages were difficult to estimate at contract signing, and (2) the amount is a reasonable estimate of probable harm — not a penalty.

Civil Code §1671

11. A contractor must provide an owner with a "Notice to Owner" (preliminary notice) primarily to:

a.Inform the owner that work has begun
b.Comply with building permit requirements
c.Preserve the right to file a mechanics' lien if not paid
d.Register the contract with the local court

The preliminary notice is not a demand for payment — it preserves the right to file a mechanics' lien later if the contractor or supplier is not paid. Without it, lien rights may be lost.

Civil Code §8200

12. Under a "time and materials" (T&M) contract, the owner pays:

a.A fixed price agreed upon before work starts
b.Only the material costs; labor is the contractor's responsibility
c.A set hourly rate with no material reimbursement
d.Actual costs of labor and materials plus an agreed markup or fee

A T&M contract pays the contractor for actual labor hours at an agreed rate plus actual material costs, typically plus overhead and profit markup. The total cost is not fixed in advance.

13. Which contract type places the MOST financial risk on the contractor?

a.Cost-plus contract
b.Fixed-price (lump sum) contract
c.Time and materials contract
d.Unit price contract

Under a fixed-price (lump sum) contract, the contractor agrees to complete the work for a set price regardless of actual costs. If costs exceed the estimate, the contractor absorbs the loss.

14. A subcontractor fails to complete their scope of work on a project. The prime contractor's primary recourse is:

a.File a complaint with CSLB
b.Withhold payment and hire another sub to complete the work, then sue for the cost difference
c.Abandon the entire project
d.Request a change order from the owner

The prime contractor can withhold payment from the defaulting subcontractor, hire a replacement to complete the work, and sue the original sub for any additional cost incurred above the original subcontract price.

15. California's "prompt payment" law requires owners to pay general contractors within how many days of a proper invoice?

a.7 days
b.30 days
c.45 days
d.60 days

On private works, owners must pay general contractors within 30 days of a proper undisputed invoice. On public works the period is 30 days from invoice or 39 days from billing, depending on the agency.

Civil Code §8800

16. A general contractor must pay a subcontractor within how many days of receiving payment from the owner?

a.3 days
b.7 days
c.10 days
d.30 days

California prompt payment law requires general contractors to pay subcontractors within 7 days of receiving payment from the owner for private works, and 10 days for public works.

Civil Code §8814

17. A contractor is hired to build a room addition. After completion, the homeowner claims defects. The contractor's written warranty on new residential construction must be at least:

a.90 days
b.1 year
c.2 years
d.The contractor sets the term freely

California's Right to Repair Act (SB 800) establishes statutory warranties for new residential construction: 1 year for most components, 4 years for plumbing/electrical/mechanical, 10 years for structural defects.

Civil Code §896

18. On a $40,000 home improvement contract, what is the maximum down payment a contractor may legally demand or accept before work begins?

a.$4,000 (10% of the contract)
b.$2,000 (5% of the contract)
c.$1,000
d.$10,000 (25% of the contract)

California limits the down payment on a home improvement contract to $1,000 or 10% of the contract price, whichever is LESS. Here 10% would be $4,000, so the smaller cap of $1,000 controls.

Bus. & Prof. Code §7159.5

19. On a $6,000 home improvement contract, what is the maximum allowable down payment?

a.$600
b.$1,000
c.$1,500
d.$3,000

The down payment may not exceed $1,000 or 10% of the contract price, whichever is less. Ten percent of $6,000 is $600, which is less than $1,000, so $600 is the legal maximum.

Bus. & Prof. Code §7159.5

20. Which of the following is NOT a required element of a California home improvement contract?

a.An approximate start date and completion date
b.A schedule of payments tied to work performed
c.The homeowner's annual household income
d.A description of the work to be performed

Home improvement contracts must state the work description, payment schedule, and start/completion dates, among other items. A homeowner's income is private financial information and is never a required contract term.

Bus. & Prof. Code §7159

21. A home improvement contract in California must be signed by the homeowner and contractor and a copy given to the buyer:

a.Within 10 days after work is completed
b.Only if the buyer requests one in writing
c.Before any work is started
d.After the first progress payment is made

The contractor must furnish the buyer a fully completed and signed copy of the home improvement contract before any work begins, so the buyer can review terms and exercise cancellation rights.

Bus. & Prof. Code §7159

22. A homeowner signs a $9,000 home improvement contract at their kitchen table on a Tuesday. By when must the homeowner deliver a written cancellation notice to keep the cancellation valid?

a.By midnight Tuesday, the day of signing
b.By midnight Wednesday, the next day
c.Within 30 days of signing
d.By midnight of the third business day after signing

A buyer may cancel a home solicitation home improvement contract until midnight of the third business day after signing. The cancellation right is exercised by written notice delivered within that window.

Bus. & Prof. Code §7165

23. After the down payment, payments collected under a home improvement contract must:

a.Always be collected in equal monthly installments
b.Be made entirely in advance of the work
c.Not exceed the value of work performed and materials delivered to that point
d.Be held in escrow by the building department

California prohibits front-loading. Each progress payment must not exceed the value of work actually performed and materials actually delivered, protecting the homeowner if the contractor stops work.

Bus. & Prof. Code §7159.5

24. If a home improvement contract contains a binding arbitration clause, California law requires that the clause be:

a.Printed in standard type and placed anywhere in the contract
b.In at least 10-point boldface type and separately signed or initialed by the buyer
c.Removed before the contract is signed
d.Approved in advance by an arbitrator

An arbitration clause in a contract for residential work must appear in at least 10-point boldface type, contain prescribed disclosure language, and be separately initialed or signed by the consumer.

Bus. & Prof. Code §7191

25. A change order on a home improvement project that increases the price must:

a.Only be confirmed verbally with the homeowner
b.Be filed with the CSLB within 5 days
c.Be approved by the project lender
d.Be in writing and signed by both the owner and the contractor

Any change in the contract price, scope, or terms must be documented in a written change order signed by both parties. Verbal change orders are unenforceable and a license law violation.

Bus. & Prof. Code §7159

26. Section 7164 of the Business and Professions Code governs contracts for:

a.The construction of a new single-family dwelling sold to the owner-occupant
b.Repairs to commercial office buildings
c.Public works street improvements
d.Demolition of a detached garage

B&P Code §7164 sets the required terms for contracts to build a new single-family residential structure sold to the person it is built for. Home improvement (remodel/repair) contracts are governed by §7159.

Bus. & Prof. Code §7164

27. A home improvement contract must contain a heading that identifies it as a:

a."Service and Repair" agreement
b."Public Works" contract
c."Joint Venture" agreement
d."Home Improvement" contract

The law requires the contract to bear a clear heading identifying it as a "Home Improvement" contract so the consumer knows which set of protective rules applies to the agreement.

Bus. & Prof. Code §7159

28. A home improvement salesperson who solicits, negotiates, or sells home improvement contracts for a contractor must be:

a.Registered with the CSLB as a home improvement salesperson
b.A licensed architect
c.Bonded for $100,000
d.A relative of the contractor

A person who solicits or negotiates home improvement contracts on behalf of a contractor must be registered with the CSLB as a Home Improvement Salesperson (HIS), unless they are an officer of the licensed entity.

Bus. & Prof. Code §7159

29. A home improvement contract must include a notice informing the homeowner about:

a.The contractor's personal credit score
b.The market value of the homeowner's property
c.The Contractors State License Board, including how to check a license and file a complaint
d.The wholesale cost of all materials

The contract must contain a notice describing the CSLB, including its contact information, so consumers know how to verify a license, learn about the contractor's history, and file a complaint.

Bus. & Prof. Code §7159

30. When a contract is subject to the three-day right of cancellation, the contractor must give the buyer:

a.A verbal explanation of the cancellation right only
b.Nothing; the right is automatic and needs no paperwork
c.Two copies of a Notice of Cancellation form the buyer can use to cancel
d.A copy of the contractor's license

The contractor must attach to the contract a properly completed Notice of Cancellation (typically two copies) that the buyer can complete and mail to exercise the three-day cancellation right.

Civil Code §1689.7

31. A senior citizen (65 or older) who signs a home solicitation contract for disaster repairs after an emergency generally has a right to cancel of:

a.3 business days
b.24 hours
c.7 business days
d.No cancellation right applies

While the standard home solicitation cancellation period is three business days, California extends the cancellation period to seven business days for senior citizens, including certain disaster and emergency repair contracts.

Civil Code §1689.6

32. If a buyer properly cancels a home solicitation contract within the cancellation period, the contractor must:

a.Keep a 10% restocking fee
b.Return all payments made by the buyer within 10 days of receiving the cancellation
c.Bill the buyer for time spent preparing the contract
d.Wait 30 days before refunding any money

Upon a valid cancellation, the seller must, within 10 days, refund all payments made and return any goods traded in. The contractor may not retain a fee for a properly cancelled contract.

Civil Code §1689.7

33. A homeowner asks a contractor to begin a $15,000 kitchen remodel based only on a verbal agreement. The contractor should:

a.Begin work immediately to keep the customer happy
b.Refuse to start until a written, signed home improvement contract is in place
c.Collect a 50% deposit, then write the contract
d.Start work and write the contract after the job is finished

Any home improvement work over $500 requires a written contract before work begins. Starting on a verbal agreement violates license law and exposes the contractor to discipline and unenforceable payment claims.

Bus. & Prof. Code §7159

34. Which practice by a contractor on a home improvement contract is PROHIBITED?

a.Tying progress payments to completed phases of work
b.Listing the contractor's license number on the contract
c.Providing a written warranty to the homeowner
d.Demanding payment that substantially exceeds the value of work performed

It is unlawful to demand or accept a payment that exceeds the value of the work performed and materials delivered. The other choices describe proper, lawful contracting practices.

Bus. & Prof. Code §7159.5

35. A contractor takes a deposit, performs a small amount of work, and then stops returning calls and never finishes. This conduct is BEST described as:

a.A lawful suspension of work
b.A force majeure event
c.Abandonment of the contract
d.Substantial completion

Willfully departing from or disregarding plans or stopping work without legal excuse and without the owner's consent is abandonment, a cause for license discipline under B&P §7107.

Bus. & Prof. Code §7107

36. A contract bids a job at a single total price covering all labor, materials, and overhead, regardless of actual cost. This is a:

a.Cost-plus-fee contract
b.Time and materials contract
c.Unit-price contract
d.Fixed-price (lump sum) contract

A fixed-price or lump-sum contract sets one total price for the entire scope. The contractor profits if costs come in low and loses if they run high, bearing the cost risk.

37. Under a cost-plus-percentage contract, the contractor's fee is calculated as:

a.A fixed dollar amount set before work begins
b.An hourly wage for the owner's representative
c.A penalty deducted for each day of delay
d.A stated percentage applied to the actual job costs

In a cost-plus-percentage contract, the contractor is reimbursed for actual costs and earns a fee equal to an agreed percentage of those costs. The owner bears most of the cost risk.

38. A grading contract pays $4.50 per cubic yard of soil excavated, with the final quantity measured in the field. This is a:

a.Unit-price contract
b.Lump sum contract
c.Cost-plus contract
d.Guaranteed maximum price contract

A unit-price contract sets a price per unit of work (per cubic yard, per linear foot, etc.). The total contract value depends on the actual measured quantities completed.

39. A "guaranteed maximum price" (GMP) contract protects the owner because:

a.The contractor must finish in half the normal time
b.The owner will not pay more than the agreed ceiling, even if actual costs exceed it
c.The owner pays a flat fee with no cost reporting
d.All subcontractors must be bonded

In a GMP contract, costs are reimbursed up to a negotiated ceiling. Any cost overrun above the cap is borne by the contractor, capping the owner's financial exposure.

40. A contractor's direct job costs are $80,000 and the contract sells for $100,000. What is the gross margin percentage on this job?

a.20%
b.25%
c.80%
d.125%

Margin is gross profit divided by the selling price. Profit is $100,000 - $80,000 = $20,000; $20,000 / $100,000 = 20% margin. (Markup, by contrast, divides profit by cost: $20,000 / $80,000 = 25%.)

41. A contractor wants a 30% markup on a job whose costs are $50,000. What selling price should the contractor bid?

a.$53,000
b.$60,000
c.$65,000
d.$71,400

Markup is added to cost: selling price = cost x (1 + markup) = $50,000 x 1.30 = $65,000. The $15,000 difference is the gross profit on the job.

42. A contractor needs a 25% gross margin on a job. If the direct costs are $30,000, what selling price achieves that margin?

a.$37,500
b.$40,000
c.$45,000
d.$24,000

To find the price for a desired margin, divide cost by (1 - margin): $30,000 / (1 - 0.25) = $30,000 / 0.75 = $40,000. The $10,000 profit is 25% of the $40,000 price.

43. A bid includes $60,000 in labor and materials, $12,000 in overhead, and the contractor wants $8,000 profit. What is the total bid price?

a.$60,000
b.$68,000
c.$72,000
d.$80,000

The bid price equals direct costs plus overhead plus profit: $60,000 + $12,000 + $8,000 = $80,000. Overhead and profit must both be added on top of direct job costs.

44. A contractor's annual overhead is $120,000 and projected annual direct job costs are $600,000. What overhead rate should be applied to each job's direct costs?

a.20%
b.16.7%
c.5%
d.50%

The overhead rate is total overhead divided by total direct costs: $120,000 / $600,000 = 0.20, or 20%. Each job is marked up 20% of its direct costs to recover overhead.

45. A contractor's fixed overhead is $90,000 per year and the average gross profit margin on jobs is 30%. How much sales revenue is needed to break even on overhead?

a.$90,000
b.$117,000
c.$300,000
d.$270,000

Break-even sales = fixed overhead divided by gross margin: $90,000 / 0.30 = $300,000. At $300,000 in sales, the 30% margin produces exactly $90,000 to cover overhead.

46. A contractor adds a 5% contingency to a job estimated at $200,000 in direct costs. How much money does the contingency add to the estimate?

a.$1,000
b.$10,000
c.$20,000
d.$50,000

A contingency is a percentage of estimated cost set aside for unforeseen conditions: 5% x $200,000 = $10,000. It cushions the budget against surprises without inflating the base estimate.

47. On a project with a $250,000 contract, the owner withholds 10% retention from each progress payment. After $150,000 of work has been billed and approved, how much retention has been withheld so far?

a.$1,500
b.$10,000
c.$15,000
d.$25,000

Retention is withheld as a percentage of the work billed to date: 10% x $150,000 = $15,000. Retention is released after satisfactory completion, typically tied to project acceptance.

48. On a private works project, after the owner pays the general contractor a progress payment, the general contractor must pay each subcontractor its share within how many days?

a.7 days
b.14 days
c.21 days
d.45 days

Under California prompt payment law, a direct contractor on a private project must pay each subcontractor its portion within 7 days of receiving a progress payment from the owner.

Civil Code §8800

49. If an owner wrongfully withholds an undisputed progress payment from a general contractor, California prompt payment law allows a penalty of:

a.Loss of the contractor's license
b.Triple the contract price
c.2% per month on the improperly withheld amount, plus attorney's fees
d.No penalty; the contractor can only sue for the principal

California prompt payment statutes impose a penalty of 2% per month (in lieu of interest) on amounts wrongfully withheld, and the prevailing party in an enforcement action may recover attorney's fees and costs.

Civil Code §8800

50. After a project is satisfactorily completed and accepted on a private works job, the owner must release retention to the general contractor within:

a.7 days
b.10 days
c.30 days
d.45 days

On private works, an owner must release retention proceeds withheld from a direct contractor within 45 days after completion of the work of improvement.

Civil Code §8812

51. After receiving retention from the owner, a general contractor on a private works project must pass through each subcontractor's retention within:

a.10 days
b.30 days
c.45 days
d.60 days

Once the general contractor receives retention from the owner, it must release each subcontractor's share of that retention within 10 days on a private works project.

Civil Code §8814

52. In a construction contract, a "schedule of values" is BEST described as:

a.A breakdown of the contract price allocated among the parts of the work, used to support progress billings
b.A list of every employee's hourly wage
c.The contractor's overhead allocation worksheet
d.A calendar showing inspection dates

A schedule of values divides the total contract sum among the various components of the work. Each progress payment application bills the percentage complete of each line item against this schedule.

53. On a $500,000 contract, the schedule of values shows framing as 18% of the total. If framing is 50% complete, how much may the contractor bill for framing this period?

a.$25,000
b.$45,000
c.$90,000
d.$250,000

Framing's total value is 18% x $500,000 = $90,000. At 50% complete the contractor may bill 50% x $90,000 = $45,000 for that line item this period.

54. A contractor completes $80,000 of work in a billing period. The contract provides for 10% retention. How much should the contractor expect to receive for this progress payment?

a.$80,000
b.$8,000
c.$88,000
d.$72,000

The owner withholds 10% retention: $80,000 x 10% = $8,000 retained, so the current payment is $80,000 - $8,000 = $72,000. The $8,000 retention is paid later upon completion.

55. The primary purpose of job costing during a project is to:

a.Compare actual costs to the estimate so problems can be caught and corrected early
b.Determine the contractor's annual income tax
c.Set the wage rates for the next project
d.Replace the need for a written contract

Job costing tracks actual labor, material, and other costs against the budget line by line, allowing the contractor to identify overruns early and take corrective action before losses grow.

56. A job was estimated at $40,000 in labor but actual labor came in at $48,000. This $8,000 difference is BEST described as:

a.A cost overrun (unfavorable variance)
b.A contingency allowance
c.A retention amount
d.Liquidated damages

When actual cost exceeds the estimate, the shortfall is a cost overrun, also called an unfavorable variance. Job costing flags such variances so the contractor can investigate the cause.

57. When a general contractor relies on a subcontractor's bid to prepare its prime bid, the sub generally:

a.May freely withdraw the bid for any reason after the prime is awarded
b.May be bound to honor that bid under the doctrine of detrimental reliance
c.Must be paid a deposit before submitting the bid
d.Automatically becomes a partner of the general contractor

When a general reasonably and foreseeably relies on a sub's bid in submitting its own, the sub can be held to that bid under promissory estoppel (detrimental reliance), even without a signed contract.

58. The practice of a general contractor revealing one subcontractor's bid to a competitor to obtain a lower price is called:

a.Bid shopping
b.Value engineering
c.Scope review
d.Prequalification

Bid shopping is using one sub's quoted price to pressure other subs to bid lower after bids are submitted. It is widely viewed as unethical and is restricted on public works to protect competitive bidding.

59. A contractor discovers a $20,000 arithmetic error in its bid one hour after submitting it, before any contract is signed. The contractor's BEST course of action is to:

a.Sign the contract anyway and absorb the loss silently
b.Promptly notify the owner in writing of the mistake and request to withdraw or correct the bid
c.Sign the contract and reduce the quality of materials to recover the error
d.Ignore it because bids cannot be changed once submitted

A genuine, promptly disclosed clerical or arithmetic error generally allows a bidder to withdraw or correct the bid before contract formation. Proceeding with deficient work or hidden corner-cutting would violate license law.

60. In project organization, the document that defines exactly what work is and is NOT included in a contract is the:

a.Punch list
b.Lien release
c.Certificate of occupancy
d.Scope of work

The scope of work spells out the specific work the contractor will perform. A clear scope prevents disputes over whether a task is included in the contract price or is extra work requiring a change order.

61. A "punch list" near the end of a project is:

a.A list of minor incomplete or corrective items to finish before final acceptance
b.A list of materials still to be ordered
c.The contractor's payroll records
d.A schedule of future projects

A punch list itemizes minor defects or unfinished details that must be completed or corrected before the owner gives final acceptance and releases final payment and retention.

62. "Substantial completion" of a construction project generally means:

a.All materials have been ordered
b.The contract has been signed by both parties
c.Exactly 90% of the contract price has been paid
d.The project is complete enough for the owner to use it for its intended purpose

Substantial completion is reached when the work is sufficiently complete that the owner can occupy or use the project for its intended purpose, even if minor punch-list items remain.

63. A liquidated damages clause in a construction contract will most likely be unenforceable if:

a.The stated amount bears no reasonable relationship to anticipated harm and operates as a penalty
b.The amount is a reasonable forecast of the owner's likely loss
c.Actual damages would have been hard to calculate at signing
d.Both parties negotiated the clause at arm's length

Under Civil Code §1671, liquidated damages must be a reasonable estimate of probable harm. A clause set arbitrarily high to punish, with no relation to actual anticipated loss, is an unenforceable penalty.

Civil Code §1671

64. A contract sets liquidated damages of $400 per day for late completion. The contractor finishes 12 days late. Assuming the clause is enforceable, how much may the owner deduct?

a.$400
b.$4,800
c.$1,200
d.$12,000

Liquidated damages accrue per day of delay: $400 x 12 days = $4,800. An enforceable clause fixes this amount in advance so actual damages need not be separately proven.

Civil Code §1671

65. Under California's Right to Repair Act (SB 800), the statutory standard for plumbing and electrical system defects in new residential construction generally applies for:

a.1 year
b.2 years
c.4 years
d.10 years

SB 800 establishes tiered standards: most function/finish items 1 year, plumbing and electrical systems generally 4 years, and structural/major defects up to 10 years from close of escrow.

Civil Code §896

66. Under SB 800, the longest statutory standard period applies to which type of defect in new residential construction?

a.Paint and stucco finishes
b.Interior trim work
c.Major structural components
d.Cabinet hardware

The 10-year period under SB 800 applies to major structural defects. Finish and function items such as paint, trim, and hardware carry much shorter standard periods, often one year.

Civil Code §896

67. Under SB 800, before a homeowner may file a construction defect lawsuit against the builder, the homeowner generally must first:

a.Sell the home to a new owner
b.Obtain a new building permit
c.Wait ten years after close of escrow
d.Give the builder written notice of the claimed defect and an opportunity to inspect and repair

SB 800 establishes a prelitigation process: the homeowner must notify the builder of the claimed violation, and the builder has the right to inspect and offer to repair before a lawsuit may proceed.

Civil Code §910

68. A home improvement contract states the contract price as "to be determined" with no total dollar amount. This contract is:

a.Fully valid as long as the homeowner signs it
b.Valid only for emergency repairs
c.Valid if the contractor is bonded
d.Improper, because the contract must state the total contract price on its face

A home improvement contract must clearly state the total contract price in dollars. An open-ended or undetermined price deprives the consumer of a key disclosure and violates the contract requirements.

Bus. & Prof. Code §7159.5

69. In a cost-plus contract, the party who bears the MOST risk of cost overruns is the:

a.Owner
b.Subcontractor
c.Contractor
d.Materials supplier

Under cost-plus, the contractor is reimbursed for actual costs plus a fee, so cost increases are passed through to the owner. The owner therefore bears the bulk of the cost-overrun risk.

70. A contractor signs a $700 repair contract with a homeowner. Which statement is correct?

a.No written contract is needed because it is under $1,000
b.The contract may be entirely verbal if both parties agree
c.A written contract is required only if the homeowner is a senior citizen
d.A written home improvement contract is required because the price is $500 or more

California requires a written home improvement contract whenever the combined labor and material price is $500 or more. A $700 repair clearly exceeds the threshold and must be in writing.

Bus. & Prof. Code §7159

71. A contractor's bid totals $90,000, of which $54,000 is direct cost. What percentage of the bid is gross profit and overhead combined?

a.40%
b.60%
c.20%
d.166%

The amount above direct cost is $90,000 - $54,000 = $36,000. As a percentage of the bid: $36,000 / $90,000 = 40%, which covers both overhead and profit.

72. A contractor estimates a job will take 320 labor hours at a fully burdened rate of $55 per hour. What is the estimated labor cost?

a.$5,818
b.$17,600
c.$1,760
d.$176,000

Estimated labor cost equals hours times the burdened hourly rate: 320 x $55 = $17,600. The burdened rate already includes payroll taxes, insurance, and benefits.

73. Three contractors submit sealed bids of $182,000, $176,500, and $189,300 for the same defined scope. The lowest responsible, responsive bid is:

a.$176,500
b.$189,300
c.$182,000
d.The average of the three bids

Competitive bidding awards the contract to the lowest responsible and responsive bidder. Among $182,000, $176,500, and $189,300, the lowest is $176,500.

74. A general contractor uses a critical path method (CPM) schedule mainly to:

a.Calculate sales tax on materials
b.Determine the home improvement down payment limit
c.Identify the sequence of activities that controls the project completion date
d.Decide which subcontractor to bid-shop

A CPM schedule maps task dependencies and durations to find the critical path, the longest chain of activities that determines the minimum project duration and the completion date.

75. On a fixed-price contract, the contractor's estimate was $100,000 but actual costs reached $112,000. The owner still pays only the agreed price. The contractor's profit or loss is:

a.A $12,000 profit
b.A $12,000 loss
c.Break-even, no profit or loss
d.Determined later by the owner

In a fixed-price contract the price is locked. With costs of $112,000 and revenue of $100,000, the contractor absorbs a $12,000 loss; cost-risk falls entirely on the contractor.

76. If a contractor performs home improvement work without a written contract or with a noncompliant contract, the most likely consequence is:

a.License discipline by the CSLB and difficulty enforcing payment
b.The contract is automatically converted to a public works contract
c.The homeowner must pay double the contract price
d.The CSLB issues the contractor a higher license class

Failure to use a compliant written home improvement contract is grounds for CSLB discipline and can make it difficult or impossible for the contractor to enforce payment in court.

Bus. & Prof. Code §7159

77. An owner asks a contractor to add an unforeseen scope of work mid-project. To be paid for the extra work, the contractor should FIRST:

a.Get a written, signed change order describing the added work and its price before performing it
b.Complete the extra work and bill it on the final invoice as a surprise
c.Stop all work until the owner pays cash up front
d.Report the owner to the CSLB

Extra or changed work should be authorized by a written change order signed by both parties before it is performed, so the price and scope are clear and the contractor's right to payment is protected.

78. California prompt payment laws are designed primarily to:

a.Set the minimum wage for construction workers
b.Determine which contractor wins a competitive bid
c.Ensure that contractors, subcontractors, and suppliers are paid in a timely manner
d.Establish license classifications

Prompt payment statutes set deadlines for owners, general contractors, and others to pay down the contracting chain, with penalties for late payment, so that everyone who performs work is paid timely.

Civil Code §8800

79. A contractor wishes to require a larger down payment than the law allows because a custom-ordered material must be paid for up front. The proper way to handle this is to:

a.Simply collect 50% down and note it as 'custom materials'
b.Have the homeowner waive the down payment limit in writing
c.Use a separate finance charge or special-order provision allowed by law, not an unlawful oversized down payment
d.Collect the full contract price before ordering anything

The down payment cap ($1,000 or 10%, whichever is less) cannot be waived by the homeowner. Special-order or custom-material costs must be handled through lawful contract provisions, not an oversized down payment.

Bus. & Prof. Code §7159

80. A contractor's overhead is best described as:

a.The direct labor and materials used on a specific job
b.Indirect business costs (office rent, insurance, administration) not charged to one specific job
c.The profit earned on the most recent job
d.The amount of retention withheld by the owner

Overhead consists of indirect costs of running the business — office, insurance, licenses, administrative salaries — that benefit all jobs and must be recovered through markup on direct costs.

81. On a home improvement contract, the start date and completion date provisions exist primarily to:

a.Allow the contractor to set the price after work begins
b.Replace the need for building permits
c.Determine the contractor's license class
d.Give the homeowner a clear, enforceable expectation of the project timeline

Required start and completion (or duration) dates give the homeowner a clear timeline, support enforcement if the contractor delays, and help establish whether abandonment has occurred.

Bus. & Prof. Code §7159

82. Which item is generally considered a direct (job) cost rather than overhead?

a.The contractor's office telephone bill
b.Annual liability insurance premium
c.The salary of the company bookkeeper
d.Lumber installed on a specific framing job

Direct costs are traceable to a specific job — like lumber, job-site labor, and equipment rental for that job. Office phone, general insurance, and bookkeeper salary are indirect overhead.

83. A contractor marks up direct costs by 35%. If the markup amount on a job is $14,000, what were the direct costs?

a.$40,000
b.$49,000
c.$4,900
d.$54,000

Markup amount equals direct cost times the markup rate: $14,000 = cost x 0.35, so cost = $14,000 / 0.35 = $40,000. The selling price would be $54,000.

84. On a unit-price paving contract at $3.20 per square foot, the field measures 9,500 square feet actually paved. What is the contractor entitled to be paid?

a.$3.20
b.$30,400
c.$9,500
d.$3,040

Under a unit-price contract, payment equals the unit price times the measured quantity: $3.20 x 9,500 sq ft = $30,400.

85. A contractor finishes substantially all work on a private project and submits a proper final invoice for $30,000 (the retention). The owner refuses to pay although there is no genuine dispute. The contractor's BEST first step is to:

a.Re-enter the property and remove installed materials
b.Immediately surrender its contractor license
c.Lower the invoice by 50% to encourage payment
d.Send a written demand for the retention and, if unpaid, pursue prompt-payment remedies and lien/bond rights

Where there is no good-faith dispute, the contractor should make a written demand and then enforce its rights through prompt-payment penalties and mechanics' lien or bond claims. Self-help removal of materials is unlawful.

86. An AIA-style "Application and Certificate for Payment" (commonly G702/G703) is used to:

a.Cancel a home improvement contract
b.Apply for a contractor's license
c.Request a progress payment showing work completed against the schedule of values
d.Record a mechanics' lien with the county

The G702 (application/certificate) with its G703 continuation sheet itemizes the schedule of values and percentage of each item completed, supporting the contractor's request for a progress payment.

87. A contractor budgets a job at $250,000 total cost and is 60% complete. To stay on budget, total spending to date should be approximately:

a.$60,000
b.$150,000
c.$250,000
d.$100,000

If progress and spending track together, spending at 60% complete should be about 60% of the $250,000 budget: 0.60 x $250,000 = $150,000. Spending much above this signals a possible overrun.

88. A homeowner signs a home improvement contract at the contractor's place of business after visiting the showroom. Which statement is most accurate?

a.The three-day home solicitation cancellation right always applies
b.Required home improvement contract terms still apply, even though it was not solicited at the home
c.The contract need not be in writing because it was signed at a business office
d.The down payment limit does not apply at a business office

The required contents and protections of a home improvement contract apply regardless of where it is signed. The three-day home-solicitation cancellation right, however, is tied to contracts solicited at the buyer's home.

Bus. & Prof. Code §7159

89. A 'no-damage-for-delay' clause in a contract typically:

a.Requires the owner to pay the contractor extra for every delay
b.Limits the contractor to a time extension, not money, for certain delays
c.Guarantees the contractor a bonus for early completion
d.Voids the contract whenever a delay occurs

A no-damage-for-delay clause provides that, for covered delays, the contractor's sole remedy is additional time to perform, not monetary compensation for delay costs.

90. An indemnification (hold harmless) clause in a construction contract generally:

a.Sets the down payment amount
b.Shifts certain liability or defense obligations from one party to another
c.Establishes the project completion date
d.Determines the contractor's license classification

An indemnification clause allocates risk by requiring one party to protect, defend, or reimburse another against specified claims or losses arising from the work.

91. A home improvement contract must disclose the contractor's license number primarily so that the homeowner can:

a.Calculate the contractor's tax liability
b.Verify the license status, classification, and complaint history with the CSLB
c.Determine the contractor's profit margin
d.Apply for a building permit on the contractor's behalf

Listing the license number lets the homeowner check the CSLB record to confirm the license is active and properly classified and to review any disciplinary or complaint history before work begins.

Bus. & Prof. Code §7159

92. A subcontract should clearly state the scope of work primarily to:

a.Increase the subcontractor's license class
b.Prevent disputes over which tasks the subcontractor must perform and which are extra
c.Eliminate the need for a building permit
d.Set the prevailing wage rate

A precise subcontract scope avoids gaps and overlaps, making clear which work is included in the subcontract price and which is extra work requiring a change order, reducing disputes.

93. When an owner signs a contract by accepting a contractor's written bid exactly as offered, the agreement is formed by:

a.A change order
b.A liquidated damages clause
c.Offer and acceptance
d.A preliminary notice

A binding contract requires an offer and an acceptance of that offer's terms, supported by consideration. Accepting a written bid as offered creates the contract through offer and acceptance.

94. A home improvement contract may NOT include which of the following provisions?

a.A schedule of progress payments tied to completed work
b.A clear description of the materials to be installed
c.A clause requiring the homeowner to waive statutory consumer protections
d.A start date and an approximate completion date

Statutory home improvement protections cannot be waived. A contract clause purporting to make the homeowner give up these consumer rights is unlawful and unenforceable.

Bus. & Prof. Code §7159

95. A contractor's bid bond on a public project primarily guarantees that:

a.The project will be free of defects for 10 years
b.All subcontractors will be paid within 7 days
c.The owner will release retention promptly
d.If awarded the contract, the bidder will enter into the contract and provide required bonds

A bid bond guarantees that a successful bidder will honor its bid by signing the contract and furnishing the required performance and payment bonds; if it refuses, the bond covers the owner's reletting costs.

96. A homeowner exercises the three-day right to cancel a home improvement contract. The contractor had already delivered some materials. The contractor:

a.Must honor the cancellation and refund payments, and may retrieve delivered materials
b.May keep the entire down payment as a cancellation fee
c.May force the homeowner to keep the materials and pay full price
d.May ignore the cancellation if work has already started

A timely cancellation must be honored: the contractor refunds the buyer's payments and may reclaim materials it delivered. The contractor cannot retain a fee or force the homeowner to proceed.

Bus. & Prof. Code §7159

97. A contractor wants to recover $96,000 of annual overhead and earn 8% net profit on sales. If projected annual sales are $800,000, the profit dollars expected are:

a.$8,000
b.$96,000
c.$104,000
d.$64,000

Net profit equals the profit rate times sales: 8% x $800,000 = $64,000. Overhead recovery ($96,000) is separate; profit is what remains after both direct costs and overhead are covered.

98. A contractor stops work on a project for two weeks because the owner has not made an undisputed progress payment that is clearly due. This work stoppage is:

a.Always abandonment, regardless of the reason
b.A criminal offense in every case
c.Only allowed on public works projects
d.Generally a lawful suspension, not abandonment, because there is legal justification

Abandonment requires departing the work without legal excuse. Stopping work because the owner failed to make a clearly due, undisputed payment is generally a justified suspension, not unlawful abandonment.

Bus. & Prof. Code §7107

99. An estimate that totals all material and labor quantities from the plans, item by item, to build up a price is BEST described as:

a.A square-foot or conceptual estimate
b.A liquidated damages calculation
c.A detailed (quantity takeoff) estimate
d.A schedule of values

A detailed estimate is built from a quantity takeoff — measuring and pricing every material and labor item from the plans. It is more accurate than a rough square-foot or conceptual estimate.

100. The home solicitation contract rules that give a three-day cancellation right apply to a contract that is:

a.Negotiated entirely at the contractor's licensed office
b.Awarded through public competitive bidding
c.Only for projects exceeding $100,000
d.For goods or services, solicited and signed at the buyer's home, above a small dollar threshold

Home solicitation contract rules apply to consumer contracts for goods or services solicited and signed at the buyer's residence (above a small statutory amount), triggering the three-day right to cancel.

Civil Code §1689.5

101. A contractor's bid is $120,000. After the contract is signed, the owner requests an approved change order adding $15,000 of work and a deductive change order removing $4,000. The adjusted contract price is:

a.$120,000
b.$135,000
c.$116,000
d.$131,000

Change orders adjust the contract price up and down: $120,000 + $15,000 - $4,000 = $131,000. The adjusted price reflects all signed change orders.

102. Which contract type generally gives the owner the LEAST cost certainty at the time of signing?

a.Fixed-price (lump sum) contract
b.Guaranteed maximum price contract
c.Stipulated lump-sum contract
d.Cost-plus-percentage contract

Under cost-plus-percentage, the final price is unknown until the work is done because it depends on actual costs. Fixed-price and GMP contracts give the owner far more cost certainty up front.

103. A home improvement contract must be legible and any blank spaces should be:

a.Left blank for the contractor to complete after signing
b.Filled in only by the building department
c.Completed before the owner signs the contract
d.Filled in after the project is finished

The contract must be fully completed before the owner signs, so the homeowner sees and agrees to all material terms. Leaving blanks to be filled in later is improper and unfair to the consumer.

Bus. & Prof. Code §7159

104. An owner-contractor agreement and a subcontract are kept consistent through:

a.Ignoring the prime contract terms entirely
b.A 'flow-down' clause that passes prime-contract obligations to the subcontractor
c.A separate license for each trade
d.A liquidated damages waiver

A flow-down (or conduit) clause incorporates the prime contract's relevant terms into the subcontract, binding the subcontractor to the same obligations the general owes the owner for that scope.

105. A contractor's job-cost report shows materials are 15% over budget while labor is on budget at the 50% completion point. The contractor should:

a.Wait until the job is done to investigate
b.Immediately abandon the project
c.Investigate the material variance now and adjust purchasing or take corrective action
d.Bill the owner for the overage with no change order

Job costing exists to catch problems early. A 15% material overrun at mid-project should be investigated immediately so the contractor can correct purchasing practices or scope before the loss grows.