A family with a ‘number’ of questions helps contractors understand how to keep their business alive after an unexpected loss. We always learn something when assisting attorneys with contractor licensing law, and we get an update on the ‘ambassadors of the air’…
Q: My husband recently passed away. His Sole Owner contractor’s license is still active and our son has worked for him since he was a teenager. I am taking over ownership of the business but I don’t have any construction experience. I plan to use my son as the Responsible Managing Employee (RME) but I am wondering if we can take over my husband’s license number? Would we submit an application to replace the Qualifier on his license?
A: First of all sorry for your loss. Actually you will be required to apply for a new license, however you can request to have your husband’s license re-issued to you. B&P Code Section 7075.1c says that a license number can be re-issued to an individual “when the individual is an immediate family member of a licensed individual who is deceased or absent and the license is required to continue an existing family contracting business.”
Q: I am an attorney and I have a new client who is a General Contracting corporation in Germany. They need to obtain a license in California and they have designated a qualifier out of New York who has his own sole owner license in CA (which he is willing to inactivate). I understand that foreign corporations are required to list their President on the application. The President is not a US citizen. On the license application, can he indicate in the Social Security number field “not a US citizen”, and if he cannot, can we designate the Qualifying individual as the President for the license purposes?
A: The CSLB requires that every individual listed on the license application have a Social Security number and it needs to be included on the application. There is no way around that requirement.
I am not an attorney nor offer any legal advice, however in regards to your second question, keep in mind that your client is signing under penalty of perjury that the information on the application is true and correct! If the Qualifier is not the President of the corporation, technically you have a falsified application.
Your client will be required to file a Statement of Information with the Secretary of State that will reflect the Officers of the corporation. The President that you have on file with the Secretary of State should match what you have listed with the CSLB.
Attention HVAC Contractors:
The CSLB has recently created an Ambassador Program for “C-20” (HVAC) contractors. The program was formed, in a partnership with the California Energy Commission, to help promote proper HVAC installation by licensed contractors. The agencies developed a series of educational fact sheets for HVAC contractors to utilize in their customer bid packets.
The packet they constructed includes five items that they encourage HVAC contractors to utilize. According to the CSLB’s website, “In addition to a cover letter you can customize before offering it to prospective customers, are four informational guides about the financial and energy-saving benefits of proper installation and inspection. You can print and use these pages as part of your marketing effort, and potentially set yourself apart from your competition.”