Business & LicensingQuestion 415 of 1632

What is the primary purpose of the $25,000 Contractor License Bond required by §7071.6?

a.To pay consumers and unpaid employees harmed by the licensee
b.To reimburse a subcontractor any progress payment the licensee withheld
c.To guarantee the contractor's own profit on each project it takes
d.To stand in for the workers' compensation coverage §7125 requires

Explanation

§7071.6(a) makes the $25,000 contractor's bond a condition precedent to issuing, reinstating, reactivating, renewing or maintaining a licence, and §7071.5 lists exactly who may claim on it: a homeowner damaged on home improvement to a personal family residence, the owner of a single-family dwelling not built for sale, any person damaged by a willful and deliberate violation of the licence law or by the licensee's fraud, an employee owed wages, and the funds owed employee fringe benefits. §7071.6(b) then reserves everything above $7,500 for the homeowners named in §7071.5(a). That list is why (b) is wrong: an unpaid subcontractor's remedies are the mechanics lien and the stop payment notice, and it reaches this bond only through the willful-violation or fraud door. (c) has the bond backwards — it protects others from the licensee, not the licensee's margin — and (d) confuses it with the coverage §7125 requires.

Law Reference: Bus. & Prof. Code §7071.6(a)-(b); §7071.5(a)-(e)

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