Advertising Rules, Handyman Limit, License Requirements on Public Contracts

Sometimes concrete is hard, especially when it’s a public project. Unlicensed is unlicensed with a ‘hard cost’ if you do work beyond the legal limits. You should also be up to date on the ‘social’ implications for contractor’s advertising…

 

Q:  I have a question about classifications. Recently I was told I couldn’t bid on a City project because I didn’t have a “C-8” (Concrete) license. I have a “C-61”/”D-06” (Concrete Related Services). The project consisted of concrete cutting, concrete removal and concrete pouring to fix a damaged entryway to a public building. As I understand licensing, shouldn’t I be able to bid on this project because it is related to my “D-06”? The project had a mandatory bid walk and only one contractor showed up and they got the project.

A:  Thank you for contacting Capitol Services Inc.  You cannot do that work with the “D-06” classification.  The “D-06” allows you to do concrete related services, such as installing precast interlocking pavers, coloring concrete, stamping concrete, but does not allow for you to pour concrete.  Pouring concrete requires the “C-8” classification.

Q:  I have worked for a licensed contractor for several years now, however I haven’t been working for him for four years yet so I know I don’t qualify for my own license yet.  I have been doing work on the side, and when I advertise on Craigslist I always specify that I’m not licensed and cannot do work over $500.  Just out of curiosity, if a project does happen to go over $500 and I somehow get caught, what is the possible penalty?

A:  First-time conviction penalties for unlicensed contracting include up to six months in jail may cost up to $5,000 in fines. Penalties are more severe with each successive violation. A second conviction carries a mandatory sentence of 90 days in jail.  That being said you’ll want to make sure you don’t take on a project that potentially may go over $500 (labor and materials combined).

Q:  I saw in a recent article you wrote where a contractor was asking about signage on his work truck and whether that constituted “advertising”.  What does the CSLB consider “advertising” for contractors?

A:  The CSLB recently released an article regarding Contractors advertising, where they stressed that advertisements are not limited to newspapers, radio, and TV commercials.  They also include: business cards, social media pages such as Facebook, Twitter, and Instagram.  Other forms of advertisements: referral websites (Angie’s List, Contractor Connection, etc), any contract proposal, lettering on trucks and other vehicles, sign or billboards identifying a person or company as a contractor, electronic transmissions such as company’s website content, any soliciting brochure, pamphlet, circular, or internet posted or distributed, and clothing or giveaway items that include the company name or logo, and any directory or listing that states or implies an individual is requesting or looking for the kind of work that requires a contractor’s license.