合同与履行第 733 / 1632 题

A contractor's payment schedule requires the owner to pay 80% of the price before any materials arrive or work begins. This violates §7159 because:

a.The owner must always pay 100 percent of the price before work starts
b.Payments may not exceed the value of work and materials delivered
c.Only cash payments are permitted on residential home improvement work
d.Every progress payment must be exactly equal in amount

解析

B&P §7159.5(a)(5) is the rule: except for the 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. Eighty percent before anything arrives on site fails that test on day one, and §7159.5(a)(3) separately caps the downpayment at $1,000 or 10 percent of the contract amount, whichever is less. (a) restates the violation as if it were the cure. (d) invents an equal-instalment rule; §7159.5(a)(4) requires each payment to reference the work it buys, which almost never produces equal amounts. (c) invents a cash requirement, which would defeat the joint-check protection the Mechanics Lien Warning urges on the owner.

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

免费刷完整 1632 道题库 — 无需注册。

Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →

同考点相关题目

最近核对: · 审核流程

PrepPass 团队 · 依据官方资料核对 California CSLB Contractor License Law & Business Exam · 我们如何核对
审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)
反馈