Suspended, Borrowed License and Qualifier Removal

It takes a ‘turn-around back flip’ and an expert save to get our first contractor on the right track! Has another mistakenly ‘broken’ the law? While your license may be ‘suspended’ it isn’t ‘dead’ until you really ask for it…

Q:  My company has the “B” and “C-33” (Painting) on our license.  Our Qualifier left the company last year, and I replaced him on the license for only the “C-33” classification because we are really a painting company and we don’t do any building work.  I marked the box on the application asking that they not remove the previous Qualifier until I was added.  They added me as the Painting Qualifier, however they didn’t remove the former Qualifier.  Therefore, when we received our renewal, he is still listed on there as a Responsible Managing Officer (RMO).  I understand the renewal will not be acceptable without all of the Qualifier’s signatures, and he is not going to want to sign this.  Any ideas?

A:  Let’s jump right into this, you are correct that you must have all Qualifiers signatures on the renewal form, so you’ll need to have him removed and then order another renewal without his name on the form. Based on the copy of the application you submitted for replacing your former Qualifier for only the “C-33” classification where you clearly marked the box to remove the former Qualifier upon adding you, I contacted the CSLB and was able to have it corrected and the license now shows him Disassociated on the same day you were added.  Now you’ll need to order a new renewal, which will only show your name on it.  You can call the CSLB to order one (which can take about two weeks to get to you), or we can pick one up for you in person with a permission letter and have it to you same day.  Call our office if you’d like help.

Q:  Is it appropriate for a company who has an employee or shareholder with a GC license to use that individual’s license?

A:  No, that is not appropriate or legal.  The company itself needs to have its own license in order to do contracting work.  The company can use the employee or shareholder as the Qualifier (assuming they meet all the requirements), but they would need to go through the registration and application process.

Q:  It’s been over 90 days since our Qualifier left our company, so our license is currently Suspended for lack of Qualifier.  Is there a point when the CSLB eventually pulls the license or terminates it?  We aren’t currently doing any work, but we don’t want to lose the license.

A:  No, the license will remain suspended until you replace the former Qualifier.  The CSLB doesn’t “terminate” a license unless the Contractor requests them to do so.

Stock or Asset Sales, RMO’s and Foreign Experience Credits

Does experience gained with a foreign ‘accent’ count here at home? My expert second opinion rights an inadvertent ‘wrong’ and helps prevent another mistake. While some questions are easy to learn from, sometimes more information or space to answer may be required so I always welcome your call or call back! …

Q:  I currently live in Spain, but I’m originally from the States.  My company wants me to move back (and frankly, I do too) and manage work that’s been proposed in CA.  The catch is, I’ve been living here for over ten years.  I have been an Engineering Contractor all of my life and while working in Spain I have been overseeing projects and managing all of the work being done, however I haven’t actually done any of the work for quite some time.  My company wants me to be the license holder in CA.  I have a college degree too if that means anything.  Does the CSLB consider work done outside of the United States, or does your experience have to be from California in order to get licensed?

A:  The CSLB absolutely accepts experience gained outside of the USA, however it may take some additional documentation.  The State of California welcomes all Contractors and will issue Contractor’s licenses as long as the experience is backed up, possibly with W-2’s (or the equivalent) or permits (if they required them where your experience was gained), or some other type of documentation.  

Q:  Is it true that a Vice President cannot be a Responsible Managing Officer (RMO) on a California contractor license?  I called the CSLB today to clarify how to fill out an application form and was told that the only Officers they allow to be RMO’s are President, Treasurer and Secretary.  According to what I was told, our Vice President is going to have be listed as a Responsible Managing Employee (RME) on our license.  In previous years we have had Vice Presidents as RMO’s, so we were surprised today to find out that is not allowed.  Is this a new policy, or were we never actually allowed to have VP’s as RMO’s?

A:  That is absolutely not a new policy, nor a correct one.  The call center is usually very good at giving out accurate information, but it is like any other agency where you may need a second opinion.  A company can have as many Vice Presidents as they want without them being listed with the Secretary of State.  The CSLB needs your personnel to match what is listed at the Secretary of State level, so it’s likely the person you spoke with was referring to the fact that “Officers” need to match the Secretary of State filing.  And because the Secretary of State is only concerned with President, Secretary, and Treasurer, and not Vice Presidents, that’s where the disconnect happened.  BUT you should absolutely not list your RMO/Vice President as an RME.  That would not be appropriate.  

Q: I have a Contractor’s license with a ‘dba’ (doing business as).  I’m going to be selling my ‘dba’ side, but I want to keep my corporation intact and still be able to do business. Can you help me with the process?  

A:  I can help you with the process, for sure, however I need to know more background with regards to the sale.  For example, are you only selling the use of the dba name (in which case I cannot answer whether or not that’s even possible)? Will it be a stock sale or an asset sale?  And all that being said, are you selling the corporation or just the use of the name? Let’s talk! 

New License Number, General Landscaping and “C-10”

Our first contractor makes the ‘grade’ and gets an “A” while another is looking ahead to the finish line in hope for a ‘checkered’ flag. An attorney who has done the right thing discovers his client has had a last minute ‘change’ of heart. Now what? …

Q:  I have a “C-27” (Landscaping) license.  I believe I need an “A” (General Engineering) license.  We do earthwork that involves much more than average landscaping work.  This would be for farms, orchards, and row crops on a variety of agricultural fields.

Services include:

  • Hydraulic design for conveyance pipelines and micro-drip/sprinkler irrigation systems
  • Trenching
  • Excavation
  • Earth grading upon excavation completion
  • Electrical work in association with agricultural pumping stations
  • Concrete flatwork in association with pumping stations
  • Welding and fabrication of steel piping in association with pumping stations
  • Sometimes boring of pipelines (normally subcontracted due to permits)

Essentially the complete construction and implementation of each individual irrigation system includes a multitude of trades from design, installation and completion.

A:  The CSLB places no limits on the size of an irrigation system that a “C-27” Landscaping contractor can install, however the “C-34” Pipeline classification or the “A” General would likely be required for large scale agricultural irrigation. 

Q:  We (meaning our corporation) are wanting to add a “C-10” (Electrical) classification to our license.  We currently hold the “B” (General Building).  Is there any special consideration for the time frame we already submitted for the “B” (General Building)?  Or do we need to do a whole different Work Experience page for the different classification?  And can we use the same Certifier, or would that raise red flags?

A: Thank you for contacting us.  The CSLB will consider the time claimed, however you must show at least four years of full-time work experience doing electrical work (“C-10”) within the last ten years.  You can absolutely use the same certifier.  The person who signs off on your experience can be anyone who has firsthand knowledge of your work background.

Q:  I am an attorney and my client currently is a corporate license that we are closing down in order for them to do business in California under their Limited Liability Company (LLC).  When we submitted the application for the new LLC, there was a form to fill out about whether we wanted a new license number issued or if we wanted our current license number transferred.  We checked the box stating that we wanted a new license number issued.  My client received the fingerprinting paperwork and now informed me that they now want to keep the same license number.  Is it too late to make the request?

A: Being that fingerprinting paperwork has already been sent out, that tells me the application has been “posted”.  Posted means they have the basic requirements to process the application.  Usually once an application has been posted you can no longer make changes to it because all the original information has been entered in their system.  However, the request for license number re-issuance isn’t processed until they actually issue the license, so they will likely accept your amended request for re-issuance.