Business & LicensingQuestion 624 of 1632

Under the CSLB's classification rules, a C-specialty contractor may take a prime contract that involves work outside its classification only if:

a.The outside work is incidental and supplemental to the licensed specialty
b.The contractor obtains a temporary cross-classification permit from CSLB
c.The owner signs a waiver acknowledging the contractor is not licensed for it
d.The added work comes to less than five thousand dollars in total

Explanation

§7059(a) is the only door: nothing prevents a specialty contractor from taking and executing a contract involving two or more crafts if the work in the other crafts is incidental and supplemental to the craft it is licensed for, and 16 CCR §831 is the board's definition of that phrase. There is no $5,000 carve-out, so (d) is invented — the figure in §7048(a) is $1,000, and it exempts a small job from licensure altogether rather than widening anyone's classification. (b) invents a permit the board does not issue. (c) is the most dangerous of the three, because an owner cannot consent his way around licensure and §7031(a) will still bar the contractor from suing for compensation on work that required a licence. On public work §7059(b)(1) adds a further limit: the awarding authority fixes the classification needed to bid, and no prime contract may go to a specialty contractor whose classification is less than a majority of the project.

Law Reference: Bus. & Prof. Code §7059(a)-(b); 16 CCR §831; §7031(a); §7048(a)

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