Business & LicensingQuestion 1446 of 1632

A specialty (Class C) contractor takes a prime contract. The license law permits a specialty contractor to take a prime contract when?

a.Never, since only Class A or Class B may contract directly with owners
b.Whenever the other trades on the job are subcontracted to licensees
c.Only where the owner consents in writing to the arrangement
d.When the project is within the specialty and other work is incidental

Explanation

B&P §7058 defines a specialty contractor by the trade performed, and §7059 lets that contractor take the prime contract for a project within its specialty, with other trades only where they are incidental and supplemental to it. (a) is over-broad: specialty contractors take prime contracts routinely on single-trade projects. (b) is the standard trap — subcontracting the other trades does not convert a single-trade license into a general building license. (c) invents consent as a cure; scope of license is not something an owner can waive.

Law Reference: B&P Code §7058 / §7059

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