Explorar todas las preguntas

B&P §7068.1(a) makes the qualifying individual responsible for exercising supervision and control of the firm's construction operations to secure compliance with the license law, and §7068.1(d) makes a violation of the section grounds for disciplinary action against both the licensee and the qualifier. A credential lent without real supervision — a rented qualifier — is therefore a violation from the first day. (b) treats a fee as a cure; payment is beside the point, since the duty is supervision. (c) invents a de minimis allowance the section does not contain. (d) treats a substantive duty as a clerical matter.

B&P §7071.17(b)(1) requires a licensee to notify the Registrar in writing of any unsatisfied final judgment, and the license is automatically suspended if that notice does not come within 90 days; a licensee who does report must, within 90 days of the board's notification, file a bond sufficient to guarantee payment of an amount equal to the unsatisfied judgment, or supply a notarized copy of an accord with the judgment holder. (a) misses the reporting duty entirely. (c) confuses two bonds: the §7071.17 judgment bond is written in the amount of the judgment and sits on top of the §7071.6 bond, which is never enlarged. (d) overstates the consequence — the suspension lifts on proof of satisfaction or on the accord.

B&P §7085 and §7085.5 authorize the CSLB to offer mediation and to refer eligible complaints to arbitration, giving consumers a route short of litigation or formal discipline. (b) confuses two forums — small claims is a court proceeding the parties bring themselves, and CSLB staff do not litigate it. (c) imports a remedy California does not have for contractors: unlike some states, California has no contractor recovery fund, which is precisely why the §7071.6 bond matters. (d) invents an authority; the Registrar can discipline a license but cannot take over and complete a job.

B&P §7090 gives the Registrar the power to deny, cite, temporarily suspend, or permanently revoke a license or registration, acting on the Registrar's own motion or on a person's verified written complaint, through the disciplinary procedures of the article. (a) confuses local authority with state licensure: a city controls permits and its own contracts, not the license. (b) confuses starting a case with deciding one — a complaint triggers an investigation. (c) mistakes a consequence for a power: a surety can cancel its bond, and the license is then suspended for want of a bond, but the surety itself disciplines nobody.

B&P §7090 lets the Registrar suspend or revoke only through the disciplinary article, which runs on the Administrative Procedure Act (Gov. Code §11500 et seq.): a written accusation, notice, and an opportunity for a hearing before an administrative law judge. (a) confuses forums — a criminal prosecution for unlicensed activity is brought by a prosecutor and is not a precondition to license discipline. (b) is not a remedy the disciplinary statutes provide. (d) reverses the sequence: reinstatement comes only on petition after discipline, and it is never automatic.

B&P §7071.6(a) makes a bond on file a condition precedent not only to issuance but to the continued maintenance of the license, so an unbonded license cannot stay in good standing and is suspended until an acceptable bond is filed. §7071.7 then softens the landing: the Registrar accepts the bond as of its effective date and reinstates the license retroactively if the bond arrives within 90 days of that date. (a) treats renewal as the checkpoint, but the bond requirement is continuous. (c) confuses suspension with revocation; no examination is involved. (d) misreads the surety's role — the bond answers to claimants, and it does not keep the license alive.

B&P §7059 limits a licensee to the classifications held, and a whole house involves two or more unrelated trades, which is Class B general building work under §7057 — a C-10 specialty license does not authorize the prime contract. (a) is the misconception that a license is a general trading permit rather than a scope. (b) is the closest wrong answer and a real trap: subcontracting the other trades does not enlarge the prime's classification, and §7057 reserves the multi-trade prime contract to Class B. (d) invents a valuation exemption; the license law has no small-house exception.

Under B&P §7057 a General Building contractor holds the prime contract and either self-performs work its own classification covers — framing and carpentry expressly, plus any specialty class it also holds — or subcontracts each specialty trade to a contractor licensed in that trade. (a) ignores classification limits: taking the prime contract does not license the plumbing or the electrical work. (b) misplaces the duty, and §7118 makes contracting with an unlicensed contractor a cause for discipline against the licensee doing the hiring. (d) confuses classes; Class A is engineering work under §7056 and authorizes no specialty trade either.

SWIFT is the CSLB's enforcement field team, and its subject is unlicensed contracting and the advertising that feeds it: §7027.1 makes it a misdemeanor to advertise for work covered by the chapter without a license in the classification advertised, and §7028.7 directs the Registrar to cite a person acting as a contractor or salesperson without a license. (a) belongs to the EDD and the Franchise Tax Board. (b) is the local building department's business, not the CSLB's. (c) is a labor-relations dispute for the NLRB or the courts.

B&P §7048(a) exempts a project only when the aggregate contract price for labor, materials, and all other items is less than $1,000, the work is casual, minor, or inconsequential, and no building permit is required — this $900 repair clears all three. (b) counts labor alone; the statute adds materials and all other items together, which is how a job that looks exempt often is not. (c) invents a waiver: the threshold is statutory and a homeowner cannot consent it away. (d) is the evasion §7048(b) closes — work that is part of a larger operation, or a job divided into sub-$1,000 contracts, gets no exemption.

B&P §7048(a) measures the exemption by the aggregate contract price for labor, materials, and all other items on one undertaking or project, and §7048(b) removes the exemption where the work is part of a larger operation or where the operation is divided into contracts of less than $1,000 to evade the chapter. The job is a $3,000 project and needs a license. (a) reads the paperwork rather than the project. (b) makes the customer's agreement decisive, which no exemption does. (d) states a real condition of §7048(a) — the work must require no building permit — but applies it to phases instead of to the whole project, and no permit test rescues a job split for evasion.

B&P §7029 issues a joint venture license to the combination itself, and every member must hold a current, active license in good standing; the venture's license may issue in any classification in which at least one member is licensed, and it is automatically suspended by operation of law whenever a member's license stops being current and active. (b) is the shortcut the section forecloses: the venture is a separate licensee. (c) reverses the classification rule, which draws the venture's scope from what the members already hold. (d) confuses entity registration with licensure; the Secretary of State does not license contractors.

B&P §7029 issues a joint venture license to a combination of entities each of which holds a current, active license in good standing, in any classification at least one of them holds, and the joint venture license is automatically suspended by operation of law during any period in which a member's own license is not current and active. (a) is unnecessary, since the joint venture is the point. (c) inverts the rule: the members' individual licenses are exactly what keeps the joint venture license alive. (d) is the common shortcut, and the §7029 license is still required — though note §7031(a) does not bar contractors who are each individually licensed from suing for payment merely because they failed to comply with §7029.

Under B&P Code section 7071.6, consumers damaged by a licensee's violation, such as abandonment or defective work constituting a license law violation, may file a claim against the $25,000 contractor's license bond.

B&P §7151 defines home improvement as work on residential property, and §7151.2 defines the home improvement contract as an agreement between a contractor and an owner or tenant for that work, which is what pulls in the written-contract, down-payment, progress-payment, and cancellation rules of §7159 and §7159.5. (b) and (c) are public works, governed by the Public Contract Code and the prevailing wage law. (d) is industrial construction for a business owner, outside the article no matter how detailed the contract is.

B&P §7151(a) defines home improvement as repairing, remodeling, altering, converting, or modernizing, or adding to, residential property, and expressly includes driveways, swimming pools and spas, patios, awnings, solar energy systems, landscaping, fences, porches, garages, and other improvements to the structure or to the land adjacent to a dwelling. (a) is commercial construction, outside the article whatever its size. (b) is new residential construction built for sale, which the article does not reach — the article governs improvements to residential property already there. (c) is public works, governed by the Public Contract Code rather than the home improvement rules.

B&P §7159.5 caps the down payment at $1,000 or 10 percent of the contract price, whichever is less, and requires that each later payment request not exceed the value of the work performed or the material delivered. (b) is the schedule misconception: a payment schedule is allowed, but it may not run ahead of the work regardless of how evenly it is spread. (c) looks at the total instead of the timing, which is exactly what the section polices. (d) is the front-loading arrangement the section prohibits, and a contract term cannot authorize it.

B&P §7030 requires the notice telling consumers that contractors are licensed by the CSLB and how to reach it, and §7159 requires the mechanics lien warning inside the home improvement contract; together they exist to inform, not to shift risk. (a) inverts the purpose — a disclosure does not cap liability, and the $25,000 bond is a floor of protection, not a ceiling on damages. (c) confuses a notice with the contract; §7159 still requires the written contract itself. (d) is the change-order misconception: §7159 requires each change order to be separately signed, which no advance disclosure can supply.

B&P §7068 requires four years of journey-level or higher experience in the classification sought, gained within the ten years immediately preceding the application. (a) fails the trade test: supply and estimating work is not performing the classified trade. (b) fails the recency test only — the work is the right kind but sits outside the ten-year window, which is the trap most candidates miss. (d) fails the level test: apprentice time may be credited toward up to three years as training, but at least one year must be at journey level.

An applicant who fails may reschedule and retake the examination on payment of the rescheduling fee set under B&P §7137; only a failure to pass within the period the application stays valid voids the application. (a) treats a single failure as fatal, which it is not. (b) invents a waiting period — there is a limit on how long the application stays alive, not a multi-year bar on reapplying. (c) is the closest trap and is wrong: a passed portion stands, and only the failed portion is retaken.

CSLB rules give an applicant roughly one year from acceptance to finish everything the license requires — passing the examinations, filing the bond, and paying the initial fee — after which the application is void and the fees are forfeited. (a) and (b) borrow short deadlines that belong elsewhere, such as the §7083 periods for reporting changes of address and personnel, not to the life of an application. (c) stretches the window toward the §7068 ten-year experience lookback, which measures how old an applicant's experience may be and says nothing about the application.

B&P §7056 confines Class A to fixed works requiring specialized engineering knowledge, and §7059 confines every licensee to the classes held, so an office remodel is Class B general building work under §7057 unless it falls within the engineering scope. (a) is the hierarchy misconception: Class A is not a superset of Class B; they are different scopes. (b) is the common trap — subcontracting does not enlarge the prime contractor's classification. (c) invents a remodel exemption; the license law draws no line between new construction and alteration.

B&P §7071.9 requires a $25,000 qualifying individual's bond, and excuses it where an RMO owns 10 percent or more of the corporation's voting stock, or the LLC's qualifier holds at least a 10 percent membership interest. (a) ignores that exemption, which is the whole content of the section. (b) swaps in the 20 percent figure, which belongs to §7068.1's common-ownership test for qualifying more than one firm. (d) is close enough to trap: an RME will in practice almost always need the bond, but the statute turns on the ownership percentage, not on the officer-versus-employee label.

B&P §7071.9(a)(1) requires a $25,000 qualifying individual's bond whenever the qualifier is neither the proprietor, a general partner, nor a joint licensee, and §7071.9(c) excuses the responsible managing officer of a corporation who owns 10 percent or more of the voting stock and certifies to that fact on the Registrar's form; 15 percent clears the threshold. (b) borrows the 20 percent common-ownership figure from §7068.1(a)(1), which governs qualifying a second firm, not this bond. (c) reads only subdivision (a)(1) and misses the ownership waiver. (d) overstates that waiver: it is conditional on the 10 percent holding and on the certification, and §7071.9(d) sets the parallel 10-percent membership-interest test for an LLC's qualifier.

A change in the name or style of a licensed business must be applied for and approved by the Registrar under B&P §7083.1, and a change that also changes the entity — a sole proprietorship incorporating, as here — requires a new license, with the old number reissued only if §7075.1's continuity conditions are met. (b) stops at the county filing, which does not reach the license. (c) borrows the §7068.2 ninety-day qualifier-disassociation deadline and applies it to the wrong event. (d) confuses §7030.5's advertising requirement with the duty to keep the licensed name accurate under §7059.1.

A corporation is a separate legal person, so under B&P §7075.1 it must be separately licensed; where continuity of ownership and personnel exists, the Registrar may reissue the original number to the successor corporation on application. (a) is the identity misconception — the same human being behind both entities does not make them the same licensee. (c) invents a grace period, and contracting in the corporate name before the license issues is unlicensed contracting under §7031. (d) overshoots in the other direction by denying the reissuance §7075.1 expressly allows.

B&P §7071.11(a) caps the surety's exposure at the face amount of the bond and provides that if the bond is insufficient to pay all claims in full, it is distributed to all claimants in proportion to their respective claims; the surety's aggregate liability on wage and fringe-benefit claims is separately capped at $4,000. (a) applies a first-in-time rule the statute does not use, which is why racing to file buys a claimant nothing. (b) misunderstands suretyship — the penal sum is the ceiling, which is why a $25,000 bond is thin protection on a large job. (c) puts the choice with the principal, when the statute fixes it.

B&P §7109(a) makes a willful material departure from accepted trade standards a cause for disciplinary action, unless the departure followed plans prepared by or under an architect's supervision; §7110 does the same for willful disregard of building, safety, labor, and compensation insurance laws. (a) confuses the forums: a building department can require correction, but only the Registrar can reach the license. (c) makes a civil judgment a precondition the statute does not impose — CSLB discipline runs independently of the owner's contract remedies. (d) mistakes the track: workmanship discipline is administrative, and no conviction is needed for the Registrar to act.

B&P §7110 makes willful or deliberate disregard and violation of state or local building laws a cause for disciplinary action, and the same section reaches safety laws, labor laws, compensation insurance laws, the Unemployment Insurance Code, and the Subletting and Subcontracting Fair Practices Act. (a) treats a public duty as waivable by the owner, which it is not. (b) and (c) assume the two enforcement systems are exclusive; the building department enforces the code on the project, and the Registrar acts against the license for the same conduct, without waiting for the local agency.

B&P §7108 reaches the diversion of funds or property received for a project, or for payment of materials or services, where the diversion causes the contractor to fail to complete the work or pay for those items — the classic robbing-Peter-to-pay-Paul violation. (a) is §7107 abandonment, which turns on walking off the job, not on where the money went. (c) is §7109 workmanship, a quality violation rather than a financial one. (d) is the §7159.5 down-payment cap, which governs what may be collected at the front end, not what is done with money already collected.

Under B&P Code section 7108.5 a prime contractor must pay each subcontractor its share within seven days after receiving a progress payment from the owner (b). Wrongful withholding carries a 2%-per-month penalty plus attorney's fees and is grounds for discipline. (a) 30 days and (d) 90 days are commercial terms, not the statute's. (c) 60 days is the Public Contract Code §7107 window for a public agency to release retention after completion — a different rule for a different project type. The 10-day figure candidates often reach for is Civil Code §8814, which governs passing RETENTION through to a subcontractor, not progress payments.

B&P §7159 lists the terms a home improvement contract must contain, including approximate start and completion dates; omitting them is a cause for discipline and the missing protections cannot be enforced against the consumer. (a) understates the exposure by treating the license and the contract as unconnected. (b) overstates it — the statute does not automatically void the contract or order restitution of everything paid. (c) is the waiver misconception again: the consumer's signature cannot supply a term the statute requires.

B&P §7159.5 caps the down payment at $1,000 or 10 percent of the contract price, whichever is less, and forbids later payments that exceed the value of work performed or material delivered. On a $20,000 contract 10 percent is $2,000, so the $1,000 cap controls: the $2,500 deposit in (b) is prohibited and the $500 deposit in (a) is lawful. The trap is reading 10 percent as the operative figure on a large job — it only controls when the contract price is under $10,000. (c) is lawful because delivered material counts toward value furnished, and (d) is lawful and merely conservative.

B&P §7028.16 makes unlicensed contracting for repair or restoration in a declared emergency or disaster area punishable more severely than ordinary unlicensed contracting, up to a felony, because disaster victims are the intended targets of this fraud. (a) is the closest wrong answer: §7028 misdemeanor treatment is the baseline the emergency provision deliberately exceeds. (b) treats the citation route as exclusive when it is not. (c) is the dangerous misconception — an emergency declaration relaxes some permit timelines, never the licensing requirement.

B&P §7071.5 names the beneficiaries of the §7071.6 bond: a homeowner damaged by a violation on home improvement work, the owner of a single-family dwelling not built for sale, any person damaged by a willful and deliberate violation, and employees for unpaid wages and fringe benefits — the last capped in the aggregate at $4,000 by §7071.11(a). (b) describes a performance bond, a separate instrument bought project by project. (c) is the workers' compensation confusion: §7125 requires that coverage separately, and no surety bond pays an injured worker's medical and indemnity benefits. (d) reverses the instrument, since the surety pays the claimant and then seeks indemnity from the contractor.

B&P §7125 makes a current Certificate of Workers' Compensation Insurance or Certification of Self-Insurance a condition of issuing, renewing and keeping a license, and a licensee with employees has no way around it; §7125.2 enforces it by suspending the license automatically, by operation of law, on the date coverage lapses. (a) is a Vehicle Code financial-responsibility matter rather than a licensing condition. (c) is the $1,000,000 figure §7071.19 imposes on limited liability company licensees only. (d) is required of no licensee. Know the no-employee side too: under §7125 as amended by SB 1455 (Stats. 2024, ch. 485), a licensee with no employees may file an exemption statement unless it holds a C-8, C-20, C-22, C-39 or D-49 classification, and from January 1, 2028 that exemption is left only to a §7029 joint venture with no employees.

Under B&P §7125.2 the license is suspended by operation of law on the date coverage lapses, and §7125.4 makes the suspension retroactive to that date, so work performed in the gap is unlicensed work with §7031 consequences. (b) imports due-process machinery that applies to disciplinary revocations, not to this automatic suspension. (c) is the misconception that renewal is the checkpoint; the certificate is verified continuously, not annually. (d) confuses suspension with revocation — the license is restored when acceptable coverage is filed.

B&P §7069(a) bars licensure to an applicant who has committed acts or crimes that are grounds for denial under §480, and §480(a)(1) permits denial for a substantially related crime convicted within the preceding seven years; §482 requires the board to apply its rehabilitation criteria before denying. So denial is possible, not automatic. (a) skips the individualized rehabilitation review the statute requires. (c) is the opposite of §7069, which also requires fingerprints and a DOJ and FBI record check. (d) misreads §480(a)(1): a conviction inside the seven-year window counts regardless of whether the applicant was incarcerated.

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.

B&P §7057(a) defines the General Building contractor by the structure and by the use of at least two unrelated building trades, so the multi-trade custom home is the prime contract a Class B is classified to take. The other three are each a single trade belonging to a specialty class — C-39 roofing, C-8 concrete, C-10 electrical — and §7057(b) bars a Class B from taking a prime contract on a project involving a single trade other than framing or carpentry unless it holds that specialty classification.

Qualifying experience is certified on CSLB's Certification of Work Experience by a qualified and responsible person who personally observed the work — an employer, licensed contractor, supervisor, fellow journeyman, building inspector, architect, or union representative. (a) is the most attractive wrong answer because the form is signed under penalty of perjury, but the applicant's own declaration is not the certification; a third party's is. (b) confuses attesting a signature with vouching for the underlying facts. (c) reverses the burden: CSLB may audit or verify, but it does not supply the certification.

B&P §7137 sets the fee schedule, under which the applicant pays an application fee to be examined and a separate initial license fee before the license is issued; renewal fees start at the end of the first two-year cycle. (b) confuses the two: renewal comes later and is a different fee. (c) is not a CSLB fee at all — the bond premium is paid to a surety company, which is why it is not on the fee schedule. (d) is the misconception that one payment covers the whole process.

Under B&P Code section 7140, licenses are renewed for two-year terms. Timely renewal keeps the license active continuously; the two-year cycle repeats for the life of the license.

B&P §7141(a) lets an expired license be renewed at any time within five years of expiration on a renewal application plus the renewal fee and, after the expiration date, a delinquency fee — but the section is explicit that the licensee is unlicensed and that there is a break in the licensing time between expiration and the effective date of the renewal. (c) is the trap: renewal without that gap is RETROACTIVE renewal, and §7141.5 grants it only where the completed application is delivered or postmarked within 90 days of expiration. (a) confuses expiration with revocation, which is a disciplinary act under §7090. (b) confuses it with suspension, which is imposed for cause such as a lapsed bond or lapsed workers' compensation coverage.

A surety bond is not insurance for the contractor: the surety guarantees the contractor's obligations to third parties, and on paying a claim it is entitled to indemnity from its principal, the contractor. §7071.11(e) requires the surety to notify the Registrar within 30 days of any payment, and §7071.11(f) gives the licensee at least 15 days to protest before the surety settles a claim in good faith. (a) reverses the beneficiary, who is the claimant rather than the surety's customer. (b) borrows the §7071.8 disciplinary-bond ceiling, which only the Registrar may impose. (c) describes an insurance policy, where premiums fund losses with no right of recovery against the insured.

B&P §7152(b) requires the salesperson to register with the board, and §7152(c) provides that, subject to §7154, the registered salesperson may be employed by one or more home improvement contractors — while requiring the salesperson, before soliciting, to identify to the owner or tenant the business name and license number of the contractor being represented for that transaction, failure to do which is cause for discipline under §7155. (a) and (d) tie the registration to a customer or a job, which is the usual misconception; the registration follows the person. (c) confuses the address carried on the registration record with what the registration actually authorizes.

B&P §7153 requires anyone who solicits or negotiates home improvement contracts for a licensee to register, so the CSLB has a record of, and disciplinary reach over, the people doing the selling. (a) is a tax function that has nothing to do with the registration. (c) is the central misconception the registration is designed to prevent — a registered salesperson may sell, never perform, contracting work. (d) transplants the §7071.6 license bond onto the individual; the registration carries no separate bond.

B&P §7059 confines a licensee to the classifications held; exceeding them is a violation, and under §7031 the contractor may be barred from collecting for work it was not licensed to perform. (a) treats a license as a general permit rather than a scope. (b) is the genuinely hard distractor: work that is truly incidental and supplemental to the licensed trade is allowed, so the item turns on whether the work is incidental — if it is a separate trade, it is not. (d) borrows the §7048 minor-work exemption, which excuses the absence of a license on a small standalone job and does nothing about scope.

Under B&P Code section 7071.8 the disciplinary bond is imposed on a licensee who has been disciplined, as a condition of reissuance, reinstatement or continued licensure (b). It is separate from, and on top of, the $25,000 license bond every licensee carries; since SB 607 took effect on January 1, 2023 the disciplinary bond is at least $25,000, capped at ten times the section 7071.6 bond, and the $15,000 still quoted in older material is the pre-2023 amount. (a) describes the license bond itself under section 7071.6, which every applicant files. (c) is the $100,000 LLC employee/worker bond of section 7071.6.5, which turns on entity type, not discipline. (d) is not a rule at all: classification has no bearing on the disciplinary bond, and the bond a public works prime must furnish is the payment bond of Civil Code §9550.

B&P §7071.8 lets the Registrar require a disciplinary bond of at least $25,000, up to ten times the §7071.6 bond, as a condition of issuing, reinstating, or continuing a license, for the period the Registrar prescribes — commonly two years or more. (a) is far too short to serve the section's protective purpose. (b) ties the bond to the renewal cycle, which the section does not. (d) overshoots: the bond is a condition for a set period, not a permanent brand on the license.