Business & LicensingQuestion 407 of 1632

The qualifying individual of a contractor license has a duty to:

a.Personally perform all of the physical labour on every job site
b.Guarantee that the company never loses money on a contract
c.Exercise direct supervision and control of the operations
d.Sign every employee's weekly timecard before it is processed

Explanation

§7068.1(a) makes the qualifier responsible for exercising supervision and control of the employer's or principal's construction operations to secure compliance with the chapter, and the definitions do the real work. §7068.1(c)(3) defines supervision and control as direct supervision or control, or monitoring and being available to assist others to whom direct supervision and control has been delegated — so the duty can be met through a competent chain of command rather than in person everywhere. §7068.1(c)(4) then lists what counts as direct supervision or control: supervising construction operations, managing construction activities by making technical and administrative decisions, checking jobs for proper workmanship, and supervision on construction sites. That is why (a) demands too much and (d) far too little, and why (b) confuses a licensing duty with a business guarantee no statute imposes. §7068.1(d) makes the board collect detailed information on those duties, and §7068.1(e) makes a violation a misdemeanour with a fine of $3,000 to $5,000.

Law Reference: Bus. & Prof. Code §7068.1(a), (c)(3)-(4), (d)-(e)

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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