Insurance & LiensQuestion 1480 of 1632

A licensed contractor holds a C-39 roofing classification and has no employees. Under B&P §7125 as it reads until January 1, 2028, the contractor must:

a.Carry general liability insurance in place of workers' compensation
b.File the no-employee exemption statement like other licensees
c.Carry builder's risk coverage naming the Board as an obligee
d.Carry workers' comp; C-39 holders cannot file the exemption

Explanation

B&P §7125(b), as amended by SB 1455 (Stats. 2024, ch. 485), lets a licensee with no employees file an exemption statement instead of carrying coverage — but only if it does not hold a C-8, C-20, C-22, C-39 or D-49 classification. A roofer is on that list, so the C-39 holder must carry workers' compensation or a certification of self-insurance even with nobody on the payroll (d). (b) is the rule for a painter or a Class B contractor with no employees, and it is the trap here: the classification is what decides it. The list stops mattering on January 1, 2028, when the SB 216 version of §7125 becomes operative and every licensee must carry coverage except a §7029 joint venture with no employees — the roofer's answer is the same either way. (a) and (c) name real policies that cover other risks: general liability answers to third parties, builder's risk to property damage during construction, and neither substitutes for workers' compensation.

Law Reference: Bus. & Prof. Code §7125(b) (as amended by SB 1455, Stats. 2024, ch. 485)

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