Monthly Archives: August 2010

FIX THINGS BEFORE THEYā€™RE BROKEN?

Helpful Tips from IPSSA

By Ray Arouesty/ IPSSA Aug 2010 Newsletter
Ray Arouesty is an attorney at law and president of Arrow Insurance Service, IPSSAā€™s insurance provider since 1988.

My client had been servicing commercial pools for more than ten years. On a day much like any other, he received a phone call informing him that water from the pool filter was spraying into one of the apartments. The problem was clear: the filter O-ring had split, allowing a stream of water to be directed toward the building. My client was shocked when the client’s homeowner’s insurance company demanded reimbursement for more than $100,000 in water damage. After all, he was only the service technician. As it turns out, my client never changed the filter O-ring and stated that he never even checked the O-ring for wear or deterioration. Had he done so, the damages probably would have been avoided. A pool service tech will be held responsible for damages caused by his failure to exercise ordinary care. We routinely change the brake pads on our cars before they fail because we know that they will eventually fail if we don’t. The same logic applies to swimming pool equipment. Service techs should have a practice of routinely checking wear on parts and advising their customers before these items break. This includes not only Orings, but plastic hoses and seals as well. It takes little effort and you may be responsible for the resulting damage if you fail to do so.

Page 10 The IPSSAN August 2010
Coverage Corner
Fix things before theyā€™re broken?

For additional information visit www.MakeMeAContractor.com C-53 License, C-61/D-35

CSLB Warns to Prevent Scams People Should Hire Only State-Licensed Contractors

“The California State Licensing Board (CSLB) says to help prevent scams, people should hire only state-licensed contractors on projects of $500 or more for labor and material.”Ā 

More news continues to flood marketplace surrounding arrest, fines, and unlawful activity surrounding contracting without a license. Just today News 10 ABCā€™s Michelle Ponto reported the following:Ā Ā  AUBURN, CA — A Roseville contractor was arrested after ripping off an 87-year-old Auburn woman.Ā 

According to the Placer County district attorney, 30-year-old Leron Anthony Stephenson from Roseville bilked the elderly woman out of $13,500 for a tree removal project on her property.Ā Stephenson cashed six checks, including four blank checks given by the victim.

Stephenson was given a one-year jail sentence and must pay back the $13,500 to the family of his victim.Ā  The elderly woman died before the defendant changed his plea to guilty in April, said prosecutor Jim Deslaurier.

Stephenson, who pleaded to theft charges and contracting without a license, was also placed on five years probation and was given a suspended prison sentence of five years and four months when sentenced May 26 in Placer County Superior Court.

The California State Licensing Board (CSLB) saysĀ to help prevent these kinds of scams, people should hire only state-licensed contractors on projects of $500 or more for labor and material.

AĀ contractor’s license number can be checked online at www.cslb.ca.gov or by calling (800) 321-2752.

More tips include:

— Get at least three bids andĀ three references for past work from each bidder.

— Make sure all project expectations are in writing.

— Only sign the contract if you completely understand all terms.Ā 

— DoĀ not pay more than 10 percent down or $1,000, whichever is less.

— Do not pay in cash and do not let payments get ahead of the work.

By Michelle Ponto, News10Ā http://www.news10.net/news/story.aspx?storyid=90343&catid=2

To understand more on who needs a contractorā€™s license visit Ā http://makemeacontractor.com/California-contractors-license-cslb.cfm

CSLB Sting Operations How To Not Get Stung

Daily we see reports of the CSLB’s Statewide Investigative Fraud Team (SWIFT) sending unlicensed operators to jail.Ā  Just recently in July 2010 CSLB stingsĀ stung 13 illegal operators, including violators of state energy-saving programs. We thought it best to share an overview of what the CSLB -Contractors State License Board, considers an illegal contractor and share what penalties these operators are potentially subject to.Ā 

According to the CSLB…

Who is considered an illegal contractor?

It is illegal for an unlicensed person to perform contracting work on any project valued at $500 or more in labor and materials. Besides being illegal, unlicensed contractors lack accountability and have a high rate of involvement in construction scams. They also are unfair competition for licensed contractors who operate with bonds, insurance and other responsible business practices.

What is the CSLB doing to stop illegal activity?

The Statewide Investigative Fraud Team (SWIFT) is set up to monitor and combat illegal activity. SWIFT has teams around the state that conduct stings on a regular basis and sweep construction sites.

SWIFT also conducts joint operations and sweeps with other state agencies dedicated to combating underground activity. The partnerships with other agencies raise the penalties and fines for violators by increasing the scope of violations to include taxes, illegal payrolls, and workers compensation and worker safety.

CSLB :http://www.cslb.ca.gov/Consumers/ReportUnlicensedActivity/WhatIsIllegalContractorActivity.aspĀ 

Penalties & Fines

“If you’re caught contracting without a license, you will likely have to go in front of a judge to answer to misdemeanor charges, which carry a potential sentence of up to six months in jail and/or a $500 fine, and a potential administrative fine of $200 to $15,000. If you get caught again, the penalties get stiffer. You could face a mandatory 90 day jail sentence as well as a fine of 20 percent of the contract price of the work performed, or a $4,500 fine.”, according to the CSLB.

Don’t get stung! Protect your future:

  • Get Licensed this is critical and the law
  • Do not engage in contracting work on any project valued at $500 or more in labor and materials
  • Advertised accurately

View Video of CSLB Sting in action

[youtube=http://www.youtube.com/watch?v=9-61eZ9EH7U]

Gain The Competitive Edge

As the Construction market landscape continues to be more competitive now more than ever it is important to obtain a Contractorā€™s License and or additional licenses to obtain a competitive edge. With limited dollars to spend on home improvement and construction consumers are compelled to hire the best Contractor they can find and are looking for the most cost effective opportunities.

Many Consumers are not taking a chance at hiring an unlicensed Contractor for fear of potential additional cost to their projects. Consumer skepticism includes fear of unlicensed operatorā€™s not carrying adequate insurance coverage necessary to protect them from potential claims. Unlicensed operators do not carry workersā€™ compensation insurance for their employees as required by California Labor Code or the contractor license bonds required by the stateā€™s Business and Professions (B&P) Code. In this case, should a problem arise the homeowner may be liable if a worker is hurt on their property and without financial recourse if something goes wrong with the project. Many consumers want to avoid costly pitfalls such as these by hiring an experienced Licensed Contractor. For example ā€œbadly installed heating or air-conditioning units cost California families money, harm the stateā€™s ability to meet important energy and environmental goals, and can even make people sick,ā€ said CSLB Registrar Steve Sands. Additionally, Failure to obtain a building department permit and have proper follow-up by a California Energy Commission-certified inspector could result in additional expense and risk for the homeowner. A deficient HVAC system may affect a propertyā€™s resale value, and could harm the stateā€™s air quality and environment. Inspections ensure that a system is safe, will produce lower utility bills, and help the state and consumer meet energy-efficiency goals. [CSLB]

B&P Code also requires licensees to place their license number in all advertisements. Unlicensed contractors can advertise and perform projects valued at less than $500 but must state in their ads that they are not licensed. A Licensed Contractor in this case would be a more competitive candidate.

The Contractors State Licensing Board works diligently to protect California Consumers from costly mistakes. Recently, four unlicensed operators contracting to replace the air-conditioning unit of a Rancho Bernardo condominium were among the 13 snared for violating California home improvement contracting laws during an undercover contractor sting operation on July 28 and 29, 2010. The Contractors State License Boardā€™s (CSLB) Statewide Investigative Fraud Team (SWIFT) was assisted by the San Diego Police and City Attorney, San Diego County District Attorney, and the California Department of Insurance. SWIFT members posed as homeowners seeking bids for the installation of a new air conditioner, and for plumbing, painting, and tile work. ā€œStings like this help keep California consumers from making an expensive mistake.ā€

Several industries and occupations also require or prefer licensed contractors which equates to a competitive landscape:

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Ā 

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How might you gain a competitive edge?

ļƒ¼ Get Licensed

ļƒ¼ Network with other contractors for more business

ļƒ¼ Continue your education with seminars and certification programs

ļƒ¼ Advertise effectively

ļƒ¼ Create a Corporation or DBA to protect your company

ļƒ¼ Network and get connected via social media outlets such asĀ Facebook, LinkedIn, Twitter

ļƒ¼ Price competitively

ļƒ¼ Do the best work and build a stellar reputation

ļƒ¼ Ask for referrals

Helping Our Community & Friends

Contractors State License Services is proud to announce the John Baker Scholarship.Ā  We believe in serving the California Construction community by providing license examination prep. Ā Our ongoing commitment to our students and to further education continues to be a high priority for CSLS. Ā Scholarships are awarded on various criteria reflecting the values of our organization. ā€œGiven the economic times it is important to give back in any way that we can.ā€, says Susan Ishii, General Manager Ā Ā In doing so we have assisted a number of students not only earn their Contractors License but help reduce the burden of tuition. The Scholarship includes choice of one program valued at $899. This gives students access to over 25 school locations, materials, as well as seminars.

Meet a few of our Scholarship recipientsĀ  http://www.makemeacontractor.com/contractor-scholarship.cfm

Or Learn how to participate in our scholarship offerings by visitingĀ  http://www.makemeacontractor.com/free-contractors-scholarship.cfm[slideshow]