Category Archives: Industry Updates

LA Times reports: Japan quake jolts retrofitting demand in Southland

Companies report a surge in calls from homeowners after the earthquake and tsunami. The work can be expensive, and prices can vary widely.

By Shan Li, Los Angeles Times
March 16, 2011

Like many construction businesses, Jonathan Weinstein’s company suffered during the economic downturn. Then, on Friday, the phones hardly stopped ringing.

Weinstein Retrofitting Systems Inc., based in Van Nuys, specializes in earthquake retrofitting for homes.

“Whenever there’s a big disaster anywhere in the world, it puts safety in the front and center of people’s minds,” said Weinstein, vice president of the family-owned company. The firm has had a threefold increase in phone calls since the disastrous earthquake hit Japan, he said. Some callers were merely anxious, others frantic.

“People feel compelled to do something,” Weinstein said.

Jacqueline Boucher, who is in escrow on a duplex in Mid-City, is among those who called the company. She had set aside $10,000 for window treatments and other cosmetic niceties. Then she watched whole Japanese fishing villages crumble like plastic toys and called Weinstein’s company.

Earthquake preparedness “just went to No. 1 on my priority list,” said Boucher, 40, who works as a clerk for the city of Los Angeles. “It’s not like it wasn’t a priority before. But now I believe one is coming, and it’ll be bad.”

Across earthquake-prone Southern California, other retrofit companies also saw a huge jump in calls.

Stern’s Construction Inc. in Woodland Hills hadn’t gotten such a high volume of inquiries since 1994. That was the year of the Northridge earthquake, which caused more than 60 deaths and 5,000 injuries, according to the Federal Emergency Management Agency.

“In 1994 every business saw a huge boom,” company owner Terry Stern said. “We were doing 1,500 houses a year.”

There have been numerous other massive quakes since then, such as in Haiti last year. But the temblor in Japan especially struck a nerve.

“The average person might not be able to tell you exactly where Haiti is,” said Mike Goldberg, owner of White Castle Construction in Los Angeles. “But people can really identify with Japan. They probably drive a Japanese car. It’s more real to them and it really hits home.”

Owners of commercial buildings did not, for the most part, join in the frenzy to get retrofitted, said Steven Saunders, president of Saunders Commercial Seismic Retrofit in Costa Mesa.

“These are people with large properties, and they tend to be far more rational than individual homeowners,” Saunders said. “They have a schedule for when to do repairs or to retrofit their buildings. They can’t be scared and decide to do these projects in a week.”

Some homeowners who contacted Goldberg’s business were definitely in panic mode. He said a Los Angeles woman, who was out of town on vacation, harangued her sister into swinging by his office to drop off a deposit in $100 bills. It was an attempt to secure an early place in line for retrofitting.

Retrofitting homes can be expensive, and prices can vary widely. Companies send workers into crawl spaces under houses to strengthen foundations with concrete, if needed, and bolt down wooden frames.

Reinforcing homes with metal rods or brackets, the minimum required for stability, typically costs a minimum of about $3,000, according to several construction companies. A cracked foundation or other serious problem could ratchet up the price several times that amount.

That demand after the Northridge earthquake tapered off as memories of the event faded.

Goldberg’s company did get a small upsurge in retrofitting business during the recession from people wanting to protect their most valuable possession — their homes.

“They were basically saying, ‘I can’t tell you definitely I’m going to have a job soon, but I can tell you if I lose my house in a quake I am really up the creek,” Goldberg said.

Still, even in affluent neighborhoods such as Hancock Park and Beverly Hills, there are numerous unretrofitted homes built before stringent safety requirements, Stern said. He referred to these buildings as an “untapped market.”

Eric Scott, 27, bought a home in Granada Hills in 2008 that an inspector’s report described as “partially retrofitted.” It didn’t bother him, however, because the house had sustained no damage as a result of the 1994 earthquake centered in nearby Northridge.

“I never even read the report to figure out what ‘partially retrofitted’ meant,” Scott said. “I was excited to do other things, like buy new furniture.”

Then, he watched the near-constant coverage of what happened in Japan.

“It was very in your face and very tragic,” Scott said. “The first thought that came to my head immediately was I’ve got to get my house fixed. Now.”

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Understanding the Contractor’s License Bond


In California, anyone who contracts to perform work that is valued at $500 or more for labor and materials must hold a current, valid license from the Contractors State License Board (hereinafter “CSLB”) and must carry a Contractor’s License Bond. Surety bonds are commonly used for this purpose, but cash or certificates of deposit may also be posted. All Contractor License Bonds must be implemented by an authorized surety company, in a manner up to the required standard of the CSLB and suitable to the State of California. Currently the CSLB requires that contractor’s bonds be in the sum of twelve thousand five hundred dollars ($12,500). At their discretion, the Board may require an applicant to carry a higher bond amount or separate bonds for contractors who have been disciplined, and the amounts of these bonds vary. The bond amount is not per job. It is the amount available for all jobs a contractor takes on during the life of the bond.

A surety bond is a contract in which a surety company promises the State of California that the contractor will comply with the Contractors’ State License Law. Generally speaking, a licensed contractor is obligated not to commit any violations of the Contractors’ State License Law. The law describes and identifies specific violations that the bond will cover and violations can result in disciplinary action against the licensed contractor. California Business and Professions Code § 7071.15 provides that failure to maintain a sufficient bond can result in a minimum penalty of suspension ranging from 60 days up to 1 year probation, and a maximum penalty of revocation. Additionally, if warranted the CSLB can impose an actual suspension of the license for 5 days or more, require contractors to retake the CSLB law and business examination if not taken within the past 5 years, impose educational course requirements, or require payment of CSLB investigation and enforcements costs.

If the contractor does not comply with the conditions of the bond, a consumer, supplier or an employee can file a claim against the bond. California Business and Professions Code § 7071.5 provides that the contractor’s bond shall be for the benefit of the following:
(a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee.
(b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred.
(c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract.
(d) An employee of the licensee damaged by the licensee’s failure to pay wages.
(e) A person or entity, including an express trust fund described in Section 3111 of the Civil Code, to whom a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, damaged as the result of the licensee’s failure to pay fringe benefits for its employees, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations thereunder (without regard to whether the work was performed on a private or public work). Damage to an express trust fund is limited to actual employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay.

General requirements for bonds include the following:
•Bonds are NOT transferable – do not attempt to transfer a bond from
one license to another or from one qualifying individual to another;
•The business name and license number on the bond must correspond EXACTLY to the information in the records of the CSLB
•The license number on the bond of a qualifying individual must match that of the firm for whom the individual is to serve as the qualifying individual;
•Contractors bonds must be in the correct amount of $12,500;
•A bond of a qualifying individual must be in the correct amount of $12,500;
•The bond must have the signature of the attorney-in-fact ; and
•Bonds must be filed with the CSLB within 90 days of the effective date of the bond.

To avoid problems with the bonds filed for your license and to maintain your bonds, the following guidelines are helpful:
•Keep your required bonds, cash deposits, or bond exemptions current at all times;
•Renew your bonds promptly. Make sure that the effective date of a new bond is the same as the cancellation date of the old bond and allow for processing time;
•Only one bond is effective at any time. A second bond filed for the same period will cancel out the first bond;
•CSLB does not return any bond that has been accepted or processed for an active license; and
•Keep accurate records on your agent, surety company, bond numbers, effective dates, and terms of the bonds.

If a contractor receives notice from their surety company that a claim has been filed against his/her bond, the contractor should immediately contact the surety company to respond to the claim and explain his/her position. The contractor should also submit all documentation relevant to the claim. If a complaint is filed with the CSLB, the contractor should also respond immediately and provide the CSLB all of the requested information and documentation throughout the course of the investigation. Complaints filed with the CSLB and with surety companies are taken very seriously and a contractor’s cooperation is critical to a successful resolution.
——————————————————————————
1. See California Business and Professions Code § 7071.6.
2. The term attorney-in-fact is commonly used in the United States, to make a distinction from the term Attorney at law. An attorney-at-law in the United States is a lawyer—someone licensed to practice law in a particular jurisdiction. As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. See Wikipedia @ http://en.wikipedia.org/wiki/Power_of_attorney .

CSLB Fall California Blitz Stings 111 for Unlicensed Contracting


CSLB reported the California Blitz stung 111 for unlicensed contracting.
SACRAMENTO – The Contractors State License Board’s (CSLB) fall “California Blitz” puts a glaring spotlight on the importance of making sure contractors are properly licensed before allowing them into your home. A total of 111 suspected unlicensed contractors were arrested during the two-day statewide undercover operation on October 20 and 21, 2010. Three of those arrested, including a convicted sex offender, went to jail.

CSLB conducted nine simultaneous sting operations in Fresno, La Mesa, Pasadena, Placerville, Porterville, San Juan Capistrano, Seaside, Visalia, and West Sacramento.

During the Blitz, investigators from CSLB’s Statewide Investigative Fraud Team (SWIFT) posed as homeowners or community organization volunteers, asking for bids on projects that ranged from swimming pool repair to painting, landscaping, and tree trimming. Those who bid more than the legal limit of $500 for labor and materials received a Notice to Appear (NTA) in court for a misdemeanor charge of contracting without a license. Other charges included illegal advertising and soliciting excessive down payments. State law also requires contractors to put their license number in all forms of advertising. Those who are not licensed can advertise and do jobs valued at less than $500, but their ads must state that they are not a licensed contractor. Also, it is illegal to ask for a down payment greater than 10 percent of the contract price or $1,000, whichever is less. There is an exception for about two dozen licensees who purchase special bonds for consumer protection. Those exceptions are noted on CSLB’s website.

Three people were booked and taken to jail on outstanding warrants in West Sacramento and Placerville. Mardardo Flores, 31, of Woodland, was booked on a no bail warrant for violating probation by failing to register as a sex offender. JosĂŠ Antonio Anguiano, 28, of Sacramento, went to jail on a no bail warrant for felony domestic violence. Carl Borrowman, 47, of Placerville, was booked on a warrant for felony fraudulent use of a contractor license number (for contracting on a license that CSLB revoked from him in 2000). Since 2005, state law has required that applicants for new licenses or those changing their classifications submit fingerprints for criminal background checks.

“This Blitz is a wake-up call for all California consumers,” said CSLB Registrar Steve Sands. “You must check out the people you’re going to hire to work on your home to make sure they’re properly licensed. Your family safety or your finances could be jeopardized by not taking a few minutes to verify the contractor on CSLB’s website or through our toll-free phone system.”

Consumers often don’t realize the risk they run when hiring an unlicensed operator. Because these phony contractors don’t carry workers’ compensation insurance, the homeowner could be liable if a worker gets hurt on the job. Also, if something goes wrong or the project is abandoned, homeowners have few options for getting back their money.

The goal of CSLB’s twice-yearly blitz is to educate consumers about potential dangers of hiring phony contractors, and to encourage people who want to work in the construction trades and who qualify to get their contractor license to comply with California law. Local prosecutors and law enforcement agencies, as well as the California Department of Insurance, Department of Industrial Relations, and the Department of Homeland Security’s Immigration and Customs Enforcement assisted CSLB with the Fall Blitz. “The Yolo County District Attorney’s Office is always anxious to work with other agencies to ensure compliance with the law,” said Yolo County District Attorney Jeff Reisig. “We’ll make every effort to get these people into compliance and to ensure the public is safeguarded.”
In addition to the stings, CSLB investigators, along with investigators from the Department of Industrial Relations and Department of Insurance, also conducted sweep operations at construction sites in Solano and Riverside Counties. These sweeps were to verify that contractors were properly licensed and carried the necessary insurance. A number of citations were issued to contractors for not carrying workers’ compensation insurance.

Visit MakeMeAContractor.com to learn how to avoid the CSLB Stings by earning a valid Contractors License.

CSLB Takes the Cake for Sting Targeting Illegal Operators + Ten Reasons to get your License


CSLB Web Release www.CSLB.ca.gov shares the latest news regarding the legal necessity for Contractors to operate with a California Contractors License. Here at Contractors State License Services our mantra is to share the news and events that effect our prospective students and students. Just this month alone we continue to see more and more news of targets on illegal operators. In this case the CSLB stings another ten for violating California contracting laws. These news bites further illustrate the need for a valid Contractors License.

CSLB Takes the Cake for Sting Targeting Illegal Operators
Ten headed to court for violations of California contracting laws

SACRAMENTO – Members of the Contractors State License Board (CSLB)’s Statewide Investigative Fraud Team (SWIFT) received a torte and a hearty thank you from a licensed contractor for a sting operation conducted in Monterey last week. One of the ten arrested suspects said he worked for the grateful licensee, which was not the case. The sting operation, on September 30, 2010, was conducted with assistance from the Monterey Police Department and Monterey County District Attorney’s Office.

During the operation, SWIFT investigators posed as homeowners who were looking for a contractor to do fencing work on their home. Those who bid more than $500 were arrested and issued an issued a Notice to Appear (NTA) in court for contracting without a license. California law requires all home improvement jobs valued at greater than $500 for labor and materials be undertaken by a state-licensed contractor. Those without licenses may advertise their services and work on jobs valued at less than $500, but their ads must state that they are not licensed. Licensees are required to put their license number in all ads. Some of those who will be going to court will also face charges of soliciting an excessive down payment. State law prohibits asking for down payments greater than $1,000 or ten percent of the contract price, whichever is less. There is an exception for about two dozen contractors who purchase special consumer protection bonds that are noted on CSLB’s website.

“Many consumers don’t realize the risks they take when they let an unlicensed operator into their home,” said CSLB Registrar Steve Sands. “Those who are violating the state’s license laws are also not complying with important consumer protection requirements, such as purchasing workers’ compensation coverage for their employees.”
State law requires licensed contractors to carry workers’ compensation coverage for all employees. That ensures the homeowner isn’t stuck with medical bills if a worker is injured on their property.

Top ten reasons we hear for getting a Contractors License:
1. To legally operate in California
2. To protect yourself
3. To gain respect from your colleagues and prospective customers
4. To be competitive
5. To be self employed
6. To gain prestige as a professional and avoid the negative connotation that follow unlicensed contractors
7. To enter into larger contracts & advertise without being worried
8. To avoid being arrested and fined by the State
9. To network with other licensed contractors for more business
10. To be able to legally collect for work performed

View A CSLB Sting Operation Video here!
http://www.facebook.com/pages/Contractors-State-License-Services/137797582916767?v=wall

World’s largest solar project moves towards final approval for Blythe, CA

NewEnergyWorldNetwork.com reports California Energy Commission approves construction of world’s largest solar project at Blythe.

The California Energy Commission has approved the construction and operation of the project’s four solar-thermal power plants, with the full conclusion of the approval process expected to be reached in October when the US Bureau of Land Management (BLM) makes its final decision.

California’s Governor Arnold Schwarzenegger said, ‘I applaud the California Energy Commission’s decision to approve the construction of the Blythe Solar Power Project – the world’s largest.’
The Blythe project’s developers said the 1,000MW solar project has a generating capacity equal to the output of a nuclear power plant or a modern coal fired power plant.

Solar Millennium intends to begin the initial construction on two of the four plants that will make up the project, by the end of the year. The four power plants are slated to together supply an annual electricity volume of approximately 2,200GWh.
Thomas Mayer, spokesperson for Solar Millennium, said, ‘Once the first two plants are connected to the grid in 2013 and 2014, we will have implemented the Desertec idea in California: With solar power plants in the California desert, we will be able to supply Los Angeles and other metropolitan cities on the American west coast with environmentally friendly electricity.’
The financing for the first two solar power plants is due to come to close imminently, which will include loan guarantees and grants by the US government. ‘The investment volumes of more than $1bn per plant make this one of the largest infrastructure projects in the US at the moment,’ said Mayer. Power purchase agreements between Solar Millennium and US energy provider Southern California Edison for the first two 242MW solar plants were approved by the California Public Utilities Commission in July.
Solar Millennium is a wholly-owned subsidiary of Solar Trust of America, the US-American joint venture of Solar Millennium Group and Ferrostaal.

National Association of Home Builders Reports: As Downturn Lingers on, Remodelers Toss ‘Business as Usual’ Out the Window

The National Association of Home Builders Reports:

As Downturn Lingers on, Remodelers Toss ‘Business as Usual’ Out the Window

No one at the Remodeling Show in Baltimore on Sept. 14-17 seemed to be sure of when the market will fully recover from its current downturn, but those whose businesses are performing the best aren’t waiting to see a substantial improvement. Instead, they have been changing who they are and how they operate, recognizing that their prospective customers have changed drastically as a result of the economic recession.

“We’ve all been burned a little bit and we want to put our poker chips on things that have given us a return,” said Bruce Case, president of Case Design/Remodeling, Inc. in Bethesda, Md.

After seeing its average job size tumble last year to half of what it was in 2008, his company has restructured to bring in more medium-sized jobs, and it is finding demand solidifying for kitchen and bath improvements. But Case does not foresee an end to the downturn for another two to five years, and is projecting modest annual gains in the 5% to 8% range in the meantime.

Speakers at the conference overall said that remodelers need to invest in professional business practices if they haven’t done so already, especially in calculating their costs and profits so that they know how to price their work and how much revenue they need to bring in to sustain their operations. In a segment of the housing industry that is dominated by very small businesses, many of which are still operating out of the back of a pickup truck, many remodelers have yet to adopt these basic practices.

No matter when a recovery does materialize, presenters at the show warned, remodelers should be focusing on redefining their businesses now and resist the temptation to just get by in soft times. Some of the remodelers attending the annual show, which is produced by Hanley Wood and sponsored by NAHB and Remodeling magazine, will reach record sales this year despite a generally downbeat market, speakers observed.

A ‘Wake-Up Call’

“This is a wake-up call,” said Melanie Hogdon, president of Business Systems Management, Inc. “Things won’t return to the way they were five years ago.”

Aside from bruising consumer confidence, the recession has dealt a more direct blow to home owners, who have lost the equity they previously plowed into improving their homes but still have to rely on their own money for remodeling projects because it’s hard to get loans, she said.

“It’s a buyer’s market,” Hogdon said. Prospective customers are just looking and in no rush to sign a contract. They are no longer grateful for a contractor calling them back. In today’s perilous times, “they want you to provide a sense of security and help them make the rough decisions.”

Hogdon said that thanks to the Internet, today’s customers are also “better informed than ever” about products and can easily check out the track records of the remodelers they might consider hiring.

“You used to be able to upsell,” Hogdon added. Now remodeling customers “are looking for the biggest bang for the smallest buck. There is no more keeping up with the Joneses. They are looking at the contractor for guidance,” and are searching for products that are “serviceable” and not at “the highest end.”

Swapping Horses

As a result of the slowdown, remodeling companies have typically been shifting down, she said, for example, from production to custom remodeling, from custom to full service, from full service to specialty remodeling, from specialty jobs to replacement contracting and from replacement to handyman jobs.

However, this process of “swapping horses,” she advised, requires making fundamental changes in the business that are impeded by legacy issues. “You are tied to what you used to do and can’t let it go.”

Remodelers who used to sell on their workmanship, Hogdon noted, may find that this “is not working so much now that the distance between price and value has narrowed.”

Among other dilemmas remodelers can expect to face as they carve out a new identity for their business: with sales and profits suddenly squeezed, owners may find that they are needed in the field and can’t stay in the office managing business at the same time as a shift to a greater number of smaller jobs makes management more important than it was before.

“When you put the tool belt on, who’s selling the jobs?” she asked. “What other management tasks are you distracted from?”

With the hope of emerging as the last man standing, remodelers may also succumb to the temptation of “taking any job to keep the guys busy. That is a formula for a financial debacle,” Hogdon said. “You probably have too many guys,” but remedying that situation isn’t easy because you have so much invested in them.

Employees will also have to be more flexible and able to adapt to new types of work, methods, products and clientele. However, they may be entirely unequipped to do the new work.

Identifying New Clients

Among other challenges of successfully transforming a remodeling business: the historical data may no longer be relevant for projecting what you need to know; production management requirements may change a lot; and estimating and pricing may have to be done in a vacuum until reliable data from the new business becomes available.

In switching over to a different clientele, “do you know who they are, what they want, how to market to them?” she asked.

In today’s market, the value of the job to the resale of the house won’t be the reason clients decide to purchase a remodel, said Hogdon, but comfort is a big selling point.

Among the unique things that the remodeler can offer are expertise with the financing process, tax credits for energy-efficient upgrades, paperwork, home performance, specialty products and value engineering. Two-day bathrooms — something remodelers used to say could never be done — are popular, she said, and remodelers can help make a name for themselves by partnering with specialists in energy performance, becoming an energy auditor, establishing partnerships with vendors and initiating a less-hurried sales process.

There is a tendency for remodelers to imitate each other and go after the hot jobs, she conceded, and businesses can veer in the opposite direction by going after “what’s not hot, what nobody else wants to mess with.” A prime example is lining up work related to the renovation, repair and painting rule recently implemented by the Environmental Protection Agency. “Everybody hates it,” she said.

Finance Is Pivotal

Also pivotal in reconstituting the business model for a tighter market, she said, is finance. Remodelers need to reduce their overhead and job-related costs. That includes asking for discounts, increasing efficiencies in the office, eliminating necessary overhead, retraining employees to make them more productive, maintaining and repairing tools instead of throwing them out and replacing them, and working out more favorable payment terms and pricing with suppliers and subs.

When it comes to pricing jobs, a strategy of breaking even can lead to nowhere, she said.

To illustrate that point, Hogdon presented the example of a remodeling job that brings in $35,000 in income and costs $23,000, leaving $12,000 in gross profit. Subtracting $10,000 in overhead brings in $2,000 in net profit. If the identical job is repeated four more times, the remodeler has $10,000 in net profit. However, when the sixth job comes along, for whatever the reason, the costs run over and there is zero gross profit. The $10,000 in overhead on this last job “offsets all of the accumulated profit, bringing profit to zero.” The remodeler will then need to do this job five more times to make up for the loss.

In considering various cost strategies:

■“Be sure to plan for the margin you need.”
■“Slice and dice until you get a price you need.”
■“If you can’t mark up materials, charge for your unique expertise.”
■“Test your pricing strategy.”
“And never buy a job.” Hogdon said that lowering the price will lower the margin, and “lowering margins will force you to utilize a higher volume to cover the same overhead.” Another recommendation against price discounts, “they set customer expectations for more price discounts.”

Hogdon recommended using available financial tools, including Judtih Miller’s forecasting tool on Remodeling magazine’s website, information on her site — www.melaniehodgdon.com, and Google’s “markup calculator.”

When operating in a new environment, “plan ahead, test the results, keep what’s valid and abandon what no longer works,” she said. This should result in a new pricing model that’s reliable, enabling remodelers to leverage their resources to do something different.

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.” 

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

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. 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.  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) says to help prevent these kinds of scams, people should hire only state-licensed contractors on projects of $500 or more for labor and material.

A 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 and 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. 

— Do 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, News10 http://www.news10.net/news/story.aspx?storyid=90343&catid=2

To understand more on who needs a contractor’s license visit  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.  Just recently in July 2010 CSLB stings 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. 

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.asp 

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 Contractor’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 operator’s not carrying adequate insurance coverage necessary to protect them from potential claims. Unlicensed operators do not carry workers’ compensation insurance for their employees as required by California Labor Code or the contractor license bonds required by the state’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 “badly installed heating or air-conditioning units cost California families money, harm the state’s ability to meet important energy and environmental goals, and can even make people sick,” 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 property’s resale value, and could harm the state’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 Board’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. “Stings like this help keep California consumers from making an expensive mistake.”

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

 

 

 

 

How might you gain a competitive edge?

 Get Licensed

 Network with other contractors for more business

 Continue your education with seminars and certification programs

 Advertise effectively

 Create a Corporation or DBA to protect your company

 Network and get connected via social media outlets such as Facebook, LinkedIn, Twitter

 Price competitively

 Do the best work and build a stellar reputation

 Ask for referrals

Lead paint poisoning affects over one million children today according to the Environmental Protection Agency

Lead paint poisoning affects over one million children today according to the Environmental Protection Agency.  “Adverse health effects include learning disabilities, behavioral problems, and speech delays. If not done in a lead-safe manner, renovations and repair activities that disturb lead-based paint can expose children, as well as adults, to harmful levels of lead dust.” Simply said, it can cause exposure to lead and result in serious health consequences, especially for young children.

Because of the potential harmful levels of lead dust the EPA issued a rule requiring the use of lead-safe work practices aimed at preventing lead poisoning in children. The new federal Lead-Based Renovation, Repair and Painting requirements may be applicable to you as a Contractor! Failure to comply with the new requirements is a violation of the law. Further, penalties are significant. Those firms found to be non-compliant may be liable for civil penalties of up to $32,000 per violation.

The bottom line, the EPA Certified Renovator certification is a national requirement as of April 22, 2010 for anyone renovating, repairing and/or painting a pre-1978 home or child-occupied facility. –http://MakeMeAContractor.com

As a result Contractors must obtain the EPA Certified Renovator certification under Section 402 or TSCA. The EPA Renovation, Repair and Painting Certification course teaches the participant how to comply with the EPA Renovation, Repair and Painting Rule and the HUD Lead Safe Housing Rule. Additionally, the certification will teach Contractors how to perform lead-safe work practices safely and effectively. A successful completion of this course designates the participant an EPA Certified Renovator and therefore compliancy with the law.  Only an EPA approved vendor such as Contractors State License Services must provide lead-safe construction education programs.

Who should be concerned– All General Contractors, Renovation Contractors, Property Manager, Painters, Plumbers, Carpenters, and Electricians.