Business & LicensingQuestion 520 of 1632

A general contractor, without obtaining the owner's written consent or any change order, deliberately deviates from the engineer-stamped structural plans by substituting smaller beams. Which statute most directly addresses this as a ground for discipline?

a.§7109 — willful departure from the plans or the specifications
b.§7110 — willful violation of the building laws of the state
c.§7048 — the exemption for minor work under $1,000 in total
d.§7031 — no action for compensation without a valid licence

Explanation

§7109(b) makes a willful departure from or disregard of plans or specifications in any material respect a cause for disciplinary action where it is prejudicial to another and the owner has not consented — which is exactly substituting smaller beams for the stamped structural design. (b) is the near miss most candidates take: §7110 reaches willful violation of the building laws themselves, and of the safety, labor and workers' compensation laws, so it would come in if the smaller beams also broke a code provision or a permit condition, but the charge for ignoring the drawings is §7109. (c) is an exemption from licensure for jobs under $1,000 that need no building permit, not a discipline section, and §7031(a) in (d) is the civil bar on an unlicensed contractor suing for payment.

Law Reference: Bus. & Prof. Code §7109(b); §7110; §7048(a); §7031(a)

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