合同与履行第 718 / 1632 题

Under §7159.5, a contractor may NOT do which of the following regarding down payments and progress payments?

a.Bill the owner after a phase of work is finished
b.Demand payment for work not yet performed or delivered
c.Accept a $1,000 downpayment on a large remodel job
d.Accept the final payment when the work is complete

解析

B&P §7159.5(a)(5) is the prohibition: 'Except for a downpayment, the contractor shall neither request nor accept payment that exceeds the value of the work performed or material delivered', and the bar extends to advance payment in whole or in part from any lender or financier. The other three options are all lawful. Billing after a phase is finished is precisely what the §7159.5(a)(4) payment schedule contemplates. A $1,000 downpayment is the ceiling itself on any job of $10,000 or more, because §7159.5(a)(3) takes the LESSER of $1,000 and 10 percent. Final payment on completion is the ordinary close. Collecting ahead of the value in place is the only unlawful act among the four, and it is how most §7159 discipline cases begin.

法律依据: Bus. & Prof. Code §7159.5(a)(3)-(5)

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审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)
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