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California Contractors, CSLB Update, for 2010.... No Changes Required on your forms, provided they were current last year!

2010 CA LAW UPDATE!!... NOTE FOR USERS OF OUR FORMS ON DISK SOFTWARE: For 2010, there are NO new laws that will effect the forms you currently have provided that your forms comply with the major CA law changes made in 2007. If you have any doubts, contact us for a FREE evaluation of the forms you are currently using or take this test here!

SUMMARY OF MAJOR CHANGES TO CALIFORNIA CONTRACTOR LAW EFFECTIVE JANUARY 1, 2010 (from CSLB)

SACRAMENTO -The Contractors State License Board (CSLB) is alerting contractors to new regulations and laws that become effective January 1, 2010, and that may impact their business operations.

Legislation passed by the Senate and Assembly and signed into law by Governor Schwarzenegger in 2009 made changes in the California Business & Professions (B&P) Code to increase the penalties for contracting without a license; eliminate sanctions against unlicensed owner-builders; and modify mechanic's lien notification (which takes effect in 2011). Changes to the California Code of Regulations that were approved by the Office of Administrative Law become effective December 30, 2009, and make changes to the C-45 Sign and C-46 Solar license classifications; re-examination for original licenses and added classifications; and definitions of contractor advertising.

Significant 2009 legislative changes to B&P Code are as follows:

Penalties for Unlicensed Contracting Increased
AB 370 (Eng) Business & Professions Code § 7028 and 7028.16
This bill increases the penalties for contracting without a license for those who perform works of home improvement valued at $500 or more for labor and materials. Those convicted of a first offense will be subject to up to $5,000 in fines, and/or up to six months in county jail. For a second offense, those contracting without a license could face fines of up to 20 percent of the payments they received, or up to $5,000, whichever is greater, and not less than 90 days in county jail. A third offense for contracting without a license will be subject to between $5,000 and $10,000 in fines or 20 percent of payments made to the unlicensed contractor, whichever is greater, and up to one year in county jail. This bill also amends the law to include that a person who used the services of an unlicensed contractor is considered a victim of a crime and eligible for restitution, regardless of whether that person knew the contractor did not have a license. (Amended Stats 2009 ch 319 § 1 and 2, effective January 1, 2010.)

Owner-Builder Sanction Deleted
SB 821 (Senate Business, Professions & Economic Development Committee) Business & Professions Code § 7028.7, 7044, 7044.1, 7108.5 (repeal and add), 7159, 7159.5, and 7159.14.
This bill deletes the provision under existing law that a person who violates the law by engaging in work as an owner-builder without a contractor license (or an exemption from licensure) is prohibited from obtaining a contractor license for a period of one year following the violation. In addition, the bill includes clean-up language for several provisions of Contractors State License Law, making technical, nonsubstantive changes to those provisions. (Amended Stats 2009 ch 307 § 69-76, effective January 1, 2010.)

Mechanic's Lien Notices (Effective 2011)
AB 457 (Monning) Civil Code § 3084 and 3146
This bill provides that the definitions of "claim of lien" and "mechanic's lien" are the same. It also requires that a Notice of Mechanic's Lien be served on the owner or person believed to be the owner of the property or on the construction lender or original contractor, and that a "proof of service affidavit" to the above mentioned party or parties be completed and signed by the person serving the Notice of Mechanic's Lien. Failure to serve the mechanic's lien and confirm a proof of service affidavit will cause the mechanic's lien to be unenforceable. (Amended Stats 2009 ch 109 § 1 and 2, effective January 1, 2011.)

Following are the California Code of Regulations changes approved by the Office of Administrative Law:

C-45 "Electrical Sign Contractor" changed to Sign Contractor
California Code of Regulations § 832.45
This change in the regulation adds non-electrical signs including, but not limited to, those now covered by the regulation. (Authority cited: Business & Professions Code § 7008 and § 7059. Reference: Business & Professions § 7058 and § 7059.)

C-46 Solar Contractor references to "Exam Development" and "Active System" definition Deleted
California Code of Regulations § 832.46
This change in the regulation deletes obsolete reference to the classification being issued when an exam is developed, and changes references from "active" solar energy systems to "thermal and photovoltaic" solar energy systems and removes the definition of "active" systems. The updated language reflects current terminology and is more general to allow for future innovations in the field. (Authority cited: Business & Professions Code § 7008 and §7059. Reference: Business & Professions § 7058 and §7059.)

Re-Examination Section Repealed
California Code of Regulations § 842
This change in regulation repeals Section 842, which allowed an applicant for an original license, additional classification, or change of qualifier that failed the exam or failed to take it to apply for re-examination twice within 90 days of notification of the failure. This section was inconsistent with B&P Code Section 7074 that allows unlimited re-examination within 18 months of the Board's acceptance of the application. (Authority cited: Business & Professions Code § 7008. Reference: Business & Professions Code § 7065, §7074, and §7137.)

"License Number in Advertising" changed to Advertising Defined
California Code of Regulations § 861
This change in the regulation adds "electronic transmission" to what constitutes an advertisement and changes the title of the regulation to "Advertising Defined," from "License Number Required in Advertising," to more accurately reflect the regulation's content. Also, the exemption provision was deleted, as statute does not give the Registrar the authority to grant such exemptions. (Authority cited Business & Professions Code §7008. Reference: Business & Professions Code § 7030.5)

 

SUMMARY OF MAJOR CHANGES TO CONTRACTOR LAW EFFECTIVE JANUARY 1, 2009 

SB 797 (Ridley-Thomas)

Business & Professions Code § 490

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to suspend or revoke a license on certain bases, including the licensee's conviction of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This bill specifies that this authorization to suspend or revoke a license is in addition to any other action that a board is permitted to take against the licensee. (Amended Stats 2008 ch 33 § 2, effective January 1, 2009.)

Business & Professions Code § 7028

Existing law, the state Contractors License Law, creates the Contractors State License Board within the Department of Consumer Affairs and provides for the licensure and regulation of contractors. Existing law makes it a misdemeanor for any person to engage in the business or act in the capacity of a contractor without having a license, and subjects a person who violates this prohibition to specified fines and imprisonment. This bill applies specified penalty provisions to a person named on a revoked license if he or she is responsible for the act or omission resulting in the revocation. (Amended Stats 2008 ch 33 § 5, effective January 1, 2009.)

SB 963 (Ridley-Thomas)

Business & Professions Code § 7000.5

Existing law establishes the Contractors State License Board and provides that these provisions become inoperative on July 1, 2009, and are subsequently repealed on January 1, 2010. This bill changed the dates on which these provisions are to become inoperative and repealed to January 1, 2011. (Amended Stats 2008 ch 385 § 1, effective January 1, 2009.)

Business & Professions Code § 7011

Existing law authorizes the Contractors State License Board to appoint an executive officer and provides that these provisions become inoperative on July 1, 2009, and are subsequently repealed on January 1, 2010. This bill changes the dates on which these provisions are to become inoperative and repealed to January 1, 2011. (Amended Stats 2008 ch 385 § 1, effective January 1, 2009.)

SB 1432 (Margett)

Business & Professions Code § 7071.5 and § 7071.10

Existing law, the state Contractors License Law, provides for licensure and regulation of contractors by the Contractors State License Board and requires a licensee to notify the Registrar of Contractors in writing of any unsatisfied judgment imposed on the licensee. Existing law requires that a licensee, or applicant for a license, and the qualifying individual of a licensee or applicant file or have on file a $12,500 contractor bond, except as specified. Existing law requires that these bonds be for the benefit of, among others, a homeowner contracting for home improvement upon the homeowner's personal family residence damaged as a result of a violation of the state Contractors License Law. This bill also requires that the contractor's bond and the qualifying individual's bond be for the benefit of a property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of the state Contractors License Law, if the dwelling is not intended or offered for sale at the time the damages were incurred. (Amended Stats 2008 ch 157 § 1(1), effective January 1, 2009.)

Business & Professions Code § 7071.11

Existing law provides that a contractor, or a qualifying individual acting in the capacity of a contractor, shall provide a bond or deposit, as specified, for the benefit of homeowners and other persons damaged as a result of specified violations. Existing law provides that any action, other than to recover wages or fringe benefits, against a contractor's bond or the bond of a qualifying individual shall be brought within 2 years after the expiration of the license period during which the act or omission occurred or within 2 years of the date that the license was inactivated, canceled, or revoked, whichever first occurs. This bill instead provides that the action, other than to recover wages or fringe benefits, against the contractor's bond or the bond of a qualifying individual must be brought within 2 years after the expiration of the license period during which the act or omission occurred or within 2 years of the date the license of the active licensee would have expired had the license not been inactivated, canceled, or revoked. (Amended Stats 2008 ch 157 § 3(c)(2), effective January 1, 2009.)

Code of Civil Procedure § 116.220

Existing law specifies that the jurisdiction of the small claims court includes various actions in which the demand does not exceed $5,000, with specified exceptions. This jurisdiction includes (1) any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor if the demand does not exceed $7,500, except as specified, (2) any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed $2,500, and (3) any action against a defendant guarantor that charges a fee for its guarantor or surety services or an action brought by an entity other than a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed $4,000. This bill increases the jurisdiction of the small claims court for any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services from $4,000 to $6,500. (Amended Stats 2008 ch 157 § 4(4)(c)(3), effective January 1, 2009.)

SB 1362 (Margett)

Business & Professions Code § 7137

Under the existing state Contractors License Law, the Contractors State License Board is uthorized to establish fees for, among other things, an application for an original license, rescheduling an examination, and the renewal of an active or an inactive license. This bill authorizes the board, in addition to any other fees charged to C-10 Electrical and C-7 Low Voltage systems contractors, to charge a fee not to exceed $20, to be used by the board to enforce provisions of the Labor Code related to electrician certification. Because these fees would be deposited into the Contractors License Fund, which is continuously appropriated, the bill would make an appropriation. (Amended Stats 2008 ch 716 § 1(k), effective July 1, 2009.)

Labor Code § 3099.2

Existing law requires that persons performing work as electricians for specified contractors be certified pursuant to certification standards established by the Division of Apprenticeship Standards within the Department of Industrial Relations. This bill requires the Chief of the Division of Apprenticeship Standards to develop a process for referring cases to the Contractors State License Board upon determining that a violation of certification requirements has likely occurred and to execute a memorandum of understanding with the Registrar of Contractors to further this end by July 1, 2009. The bill authorizes the Registrar of Contractors to open an investigation and initiate disciplinary action against a licensed contractor pursuant to these provisions upon his or her own investigation or upon a finding of the Chief of the Division of Apprenticeship Standards alleging a violation of these provisions. (Amended Stats 2008 ch 716 § 2(i)(j), effective July 1, 2009.)

AB 2335 (Nakanishi)

Health and Safety Code § 19825

Existing law, in separate provisions, requires every city or county that necessitates the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, at a minimum, to have the owner of the building or structure complete specific forms and declarations that identify the property and any agents or contractors performing the work, if applicable, and declaring the project complies with various laws. Existing law also requires the city or county to provide notice to the owner of the property of the legal implications of construction on the property. This bill repeals those separate provisions and creates a single provision that combines and modifies the existing forms, declarations, and notices to the property owner and expands the acknowledgments property owners are required to make. (Repeals Sections 19825 § 1, 19830 § 3, 19831 § 4, and 19832 § 5 of the Health and Safety Code, and Added Stat 2008 ch 66 H;S 19825 § 2(a), effective January 1, 2009.)

SUMMARY OF MAJOR CHANGES TO CALIFORNIA CONTRACTOR LAW EFFECTIVE JANUARY 1, 2008 (from CSLB)

Business & Professions Code

101.7 - Boards and other entities within the Department of Consumer Affairs (DCA) must meet three (3) times each calendar year, and at least once in northern California and once in southern California. The DCA Director is authorized to excuse a Board from meeting upon showing cause, and/or to call a special meeting.

125.6 - In addition to facing disciplinary action if a licensed contractor refuses services based upon race, color, sex, religion, ancestry, disability, marital status, or national origin, licensees will face disciplinary action if they discriminate by refusing construction-related services based upon a prospective client's medical condition or sexual orientation.

7026.11 - The terms "mobile home" and "manufactured home" will now have separate and distinct definitions for reasons that are unrelated to Contractors License Law. The General Manufactured Housing (C-47) classification continues to be the appropriate specialty license for performing work relative to mobile homes and manufactured housing.

7027.5 - Landscape Contractors (C-27) licensed by the Contractors State License Board are authorized to enter into prime contracts to construct and install outdoor cooking centers and fireplaces, as long as the projects are included in a residential landscape project, and the fireplace is not attached to the dwelling. Other properly licensed specialty or general contractors would still be required for tasks that are beyond the scope of the landscape contractor classification.

7083.1 - Contractors whose licenses have expired, are canceled, or are otherwise inactive, must notify the CSLB Registrar of their current address(es), in writing, for five (5) years, instead of the previously designated three (3) years.

7091 - If a licensee is convicted of a crime that is substantially related to the qualifications, functions or duties of a contractor, the CSLB will have two (2) years from the date the conviction is discovered in which to file disciplinary action against the licensee. Also, the CSLB will have 18 months after the date a warranty expires in which to file a disciplinary action against a licensee who fails to honor the terms of the warranty.

7114 - As part of disciplinary action against a licensee, the Registrar of Contractors is authorized to order a licensee to pay a specific amount of money to an injured party if the licensee has aided an unlicensed person or allowed an unlicensed person to use his or her license.

7159.5 - A statute of limitations has been established for filing criminal charges against contractors who furnish a bond, bond equivalent, or Joint Control that is approved by the Registrar and who are exempt from referencing the down payment, schedule of payments, the Mechanic's Lien warning, or using the 10%/$1,000 down payment rule in a Home Improvement Contract where the cost of all labor and materials exceeds $500. The date the first payment is given to the contractor is the date used in establishing the statute of limitations for filing criminal charges.

7159.14 - For the case where a Service and Repair Contract is not reduced to writing as required by the law, the date the first payment is given to the contractor is the date used in establishing the statute of limitations for filing criminal charges.

Related Laws: Civil Code

2782 - Residential construction contracts and amendments that indicate a general contractor or subcontractor is to be held harmless for construction defects, injury or negligence are legally unenforceable as of January 1, 2008.

Insurance Code

11760.1 - If an employer fails to provide access to an insurance company or its representative to perform a workers' compensation audit, the employer will be liable to pay the insurance company three (3) times the total premium, plus associated costs.


 

The following California Industry Bulletin highlights the new laws effecting the construction industry that went into effect January 1, 2007. None of these laws will require users of our software to change their forms..... providing, of course, the form software being used by our customer was purchased or upgraded in 2006. Remember, California did an almost complete rewrite of Home Improvement Laws last year, 2006. We get calls every day from Contractors who have gotten into trouble because they were using old, pre 2006 forms. Don't make this same mistake, it is not worth the headaches of your business being shut down until you show compliant forms, fines (at least $750), and problems collecting money rightfully owed you. Call us at 1.800.820.5656 and purchase compliant forms and/or form software now!

New Law Cracks Down on Old Contracting Problem

Series of new law go into effect with start of new year (2007).

Sacramento - Illegal contractors who try to skirt the law by operating with someone else's license number face new tougher penalties. This is one of the new laws taking effect at the Contractors State License Board (CSLB) in January 2007.

The law created by AB 2897 makes it a criminal charge for anyone involved with a revoked license (member, officer, director, owner, or partner) to knowingly let the revoked person act as a contractor or hire revoked licensees as anything other than a non-supervising employees.

"Some individuals have tried to get around a revoked license by operating with another license taken out by friends or family members," said CSLB Registrar Steve Sands. "This breaks the cycle of illegal operation."

One example is a contractor, Richard Ladd Turek from the San Diego area, who had his license revoked, was later caught using his wife's license number and then his father's license number to continue to contract and harm consumers. July 27, 2006, Richard Turek pleaded no contest to contracting without a license and was sentenced to three years summary probation and a $1,200 fine. However, due to AB 2897 a violation of this section is now a misdemeanor punishable by a fine of not less than four thousand five hundred dollars ($4,500), by imprisonment in a county jail for not less than neither 30 days nor more than one year, or by both the fine and imprisonment.

Other new laws taking place at the Contractor's Board as of January 1, 2007 include:

Workers Compensation

(AB 881) Workers compensation will be mandatory for C-39 Roofers. Other licensees can still get by without it, if they do not have employees. Most roofers need workers to do the job. But, it was proven that a significant number were not reporting that they had workers

Bond Amount Increases

The amount for a contractor bond goes up from $10,000 to $12,500. (Business and professions code section 7071.9). This is the bond that all licensed contractors are required to have in California. It is money that homeowners, employees or others hurt by a licensee can file against for restitution.

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. The CSLB licenses and regulates California's 304,000 contractors, and investigates more than 20,000 complaints against contractors annually. In fiscal year 2005-06, the CSLB helped consumers get more than $36 million in restitution.

YOU CAN NOW START JOBS WORTH LESS THAN $750 IN CALIFORNIA WITHOUT WAITING 3 DAYS USING THE NEW FOR 2006 SERVICE AND REPAIR CONTRACTS! 

New CA Law will Require All Roofing Contractors with Active Licenses to Have Workers' Compensation Coverage

New requirements take effect on January 1, 2007

"Sacramento - A new law signed by Governor Arnold Schwarzenegger on Friday May 26 affects roofing contractors in California. Assembly Bill (AB) 881 contains new licensing requirements for all 6,000 licensees with an active Roofing (C-39) classification. If you hold the Roofing (C-39) classification, you must take action as outlined below or your right to perform roofing work in California will be suspended until you comply with the new law.

Beginning January 1, 2007, all active licensees holding the Roofing (C-39) classification must have either a valid Certification of Workers' Compensation Insurance or a valid Certification of Self-Insurance on file with the Contractors State License Board (CSLB). AB 881 amends Section 7125 of the Business and Professions Code to require that all Roofing (C-39) contractors carry workers' compensation coverage effective January 1, 2007, regardless of whether or not they have employees. Failure to have one of the required certifications on file with the CSLB will result in the removal of the Roofing (C-39) classification from a license with multiple classifications or in the suspension of a license where the sole classification is the Roofing (C-39) classification. No exemptions will be granted.

NOTE: Inactive Roofing (C-39) contractors will not be subject to this requirement as long as they remain in inactive status. In order to return to active status, they would need to have one of the required certifications on file with the Board.

In addition, AB 881 adds Section 11665 to the Insurance Code, requiring insurers who issue workers' compensation insurance to Roofing (C-39) contractors to perform an annual payroll audit for the contractor. The insurer may impose a surcharge on the policyholder for the audit.

The new workers' compensation insurance requirements imposed by AB 881 will remain in effect until January 1, 2011.

If you have questions about these requirements, please contact your workers' compensation insurance provider or the Contractors State License Board's Workers' Compensation Unit at the above address."

IF YOU DO NOT HAVE WORKERS' COMP NOW BETTER START SHOPPING FOR A POLICY BEFORE THE RUSH. HISTORICALLY, WHEN THIS HAPPENS RATES GO UP AS SUPPLY GOES DOWN!! AND... be sure you are using 2006 compliant roofing contracts. .. SEE THE NEXT TOPIC BELOW

CALIFORNIA HOME IMPROVEMENT CONTRACTS FOR 2006 SB 30 then SB 1113 now AB 316

CA LAW SAYS THROW AWAY YOUR OLD CONTRACT FORMS AND UPDATE YOUR CONTRACTS RIGHT NOW!!! 

The Bottom Line: All home improvement contracts that do not include the new laws from SB 30, SB 1113, and AB 316 are not legal for use in California! If your contracts are not 2006 versions, do not use them any longer. The penalties are stiff and include fines, jail time, loss of lien rights, loss of your right to sue in court and many other unpleasant things that you do not need to deal with just because you want to use up your old forms or do not want to upgrade your form software. 

From the California Assembly, AB 316..... 

"The home improvement business in California constitutes a large portion of the state's construction industry. Because of the very nature of the home improvement field, there is a potential for problems or abuses to occur. Abuses are usually caused by unlicensed operators or unethical or incompetent contractors. Problems can occur because of a general misunderstanding of basic requirements and of the agreement entered into by the owner and the contractor. Special requirements concerning the home improvement contract were placed into the law as an attempt to eliminate as many of these problems as possible. It is important that contractors keep abreast of current requirements.

The most recent changes to home improvement contract law resulted from the passage of Senate Bill (SB) 30 in 2004, and SB 1113 and Assembly Bill (AB) 316 in 2005. The Legislature made significant additions to the information the contractor must provide to the buyer of home improvements. The idea behind the legislation is to use the contract itself to inform homeowners of the most important contract requirements. With this information in hand, consumers will be better able to understand the process. The Board expects the availability of this simple consumer protection information will reduce the number of disputes between contractors and homeowners and, therefore, the number of complaints homeowners make to the Board.
SB 30 maintained many of the existing home improvement contract provisions and added some new requirements as well. Among the requirements: any changes made to contracts must be in writing, be legible, be easy to understand, and inform a consumer of his or her right to cancel or rescind the contract, and a home improvement contract must contain various information, notices, and disclosures for the protection of the consumer. SB 30 also created a "service and repair contract" to be used by licensed contractors for jobs of $750 or less, provided that the contract meets all four of the new requirements. The bill enacted various disclosure requirements applicable to the service and repair contract. SB 30 provided that any violation of the provisions subjects the contractor to discipline. The bill made conforming changes and revised and recast certain existing provisions regarding home improvement contracts and related matters. SB 30 was to become operative on July 1, 2005.

SB 1113 postponed implementation of the provisions of SB 30 until January 1, 2006. The bill also revised and recast some of the provisions and made other related changes in other provisions of law. SB 1113 took effect immediately as an emergency statute.

AB 316 revised and recast the service and repair contract requirements and set forth information, notices, and disclosures required to be included as part of the contract. In addition, a service and repair contract that does not meet specified requirements is subject to the requirements applicable to a home improvement contract regardless of the aggregate contract price.

In developing contracts, contractors should pay strict attention to the requirements for typeface of the notices and disclosures. For example, unless a larger typeface is specified, text in any printed form shall be in at least 10-point type and the headings shall be in at least 10-point boldface type. " 


MAJOR CALIFORNIA HOME IMPROVEMENT LAW CHANGE FOR 2005. SB30 

"Section 7159 of the California Business & Professions Code. Under existing law, Section 7159 provides specific requirements that must be included in home improvement contracts. Effective July 1, 2005, Senate Bill 30 (See 7159 et seq.) will replace Section 7159. Under the new law, contractors are required to include various disclosures and notices in their contracts. SB 30 also creates a new service and repair contract for jobs of $750 or less. A licensed contractor using a contract that meets all the new service and repair contract requirements can perform a service and/or a repair without running afoul of the three-day right to cancel." ..CSLB

Please note that the changes in Section 7159 essentially re-write California Home Improvement contract requirements. All users of our software will need to upgrade to the new forms when we have them available after January 1, 2006. The law changes we are speaking of do not go into effect until January1, 2006. ****(Date has been pushed up from July 1, 2005 until January 1, 2006!)****


CALIFORNIA PRELIMINARY 20-DAY NOTICE CHANGE FOR 2004

SB134 BECOMES LAW! Changes to California Civil Code Section 3097 and Section 3259.5. The bottom line- Be sure to throw out your old 20-Day Notices and use the new ones mandated by law (naturally, we have them and the new version is included in all our CA software packages).

For details click on this link: SB 134


UPDATE ON HOME IMPROVEMENT CERTIFICATION (HIC)- 10-03

From the California Contractors State License Board:

"Please note that effective January 1, 2004, Home Improvement Certification (HIC) will no longer be required. Legislation that created the HIC program will sunset on that date. All of the information contained in the HIC exam will be incorporated into the law portion of the Contractors License Exam, so it will no longer be necessary for contractors to obtain the separate certification. After January 1, 2004, HIC will not appear on the list of classes/certifications held by the contractor on license inquiries, and may not appear on the contractor's pocket license."


IMPORTANT INFORMATION ABOUT 3 DAY RIGHT TO CANCEL FOR CALIFORNIA

Do not forget that you must give your customers the right to cancel their contract or agreement with you within 3 business days (7 business days for disaster repair in California), for any home improvement work you do over $25 in value. This is a Federal law and California law, as does all state law, follows Federal law. Many California contractors are confused about the dollar value before the 3 day right to cancel must be given because in California, you do not need to write a contract or even be licensed for work valued under $500. Even so, you must give the 3 day right to cancel when the value of the work is $25 or more. This means that if you do a roof repair or clean a clogged sewer, for example, and the job value is over $25 but less than $500, you MUST STILL GIVE THE 3 DAY RIGHT TO CANCEL! A customer cannot just voluntarily waive their right to cancel to allow work to begin before the three day period ends under most circumstances. The law does allow for a waiver of the right to cancel in what is called "the making of emergency or immediate necessity repairs or services that are necessary for the immediate protection of persons or real or personal property." In this case, the customer can waive, in their own words, their 3-day right to cancel so work can begin immediately. We have form CNW- WAIVER of 3 DAY RIGHT TO CANCEL for use by your customers when a waiver is needed so emergency or immediate necessity repairs or services can begin immediately. If you have an doubt about the way your Company is handling the 3 day or 7 day right to cancel with your home improvement customers, we urge you to contact your attorney to discuss this.

YOU CAN NOW START JOBS UNDER $750 IN CALIFORNIA IMMEDIATELY WITHOUT WAITING THREE DAYS BY USING THE NEW FOR 2006 SERVICE AND REPAIR CONTRACTS....WE HAVE THEM!

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