Legal Question in Construction Law in California
advertising
Does advertisements for a HVAC company have to have a contractor license on them?
2 Answers from Attorneys
Re: advertising
Yes. Go to http://www.theconstructionlawyers.com/construction-laws-489-119.html
489.119(6)
(a) Each registered or certified contractor shall affix the number of his or her registration or certification to each application for a building permit and on each building permit issued and recorded. Each city or county building department shall require, as a precondition for the issuance of the building permit, that the contractor taking out the permit must provide verification giving his or her Construction Industry Licensing Board registration or certification number.
(b) The registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting.
(c) If a vehicle bears the name of a contractor or business organization, or any text or artwork which would lead a reasonable person to believe that the vehicle is used for contracting, the registration or certification number of the contractor or certificate of authority number of the business organization must be conspicuously and legibly displayed with the name, text, or artwork. Local governments may also require that locally licensed contractors must also display their certificate of competency or license numbers. Nothing in this paragraph shall be construed to create a mandatory vehicle signage requirement.
(d) For the purposes of this part, the term "advertisement" does not include business stationery or any promotional novelties such as balloons, pencils, trinkets, or articles of clothing.
(e) The board shall issue a notice of noncompliance for the first offense, and may assess a fine or issue a citation for failure to correct the offense within 30 days or for any subsequent offense, to any contractor or business organization that fails to include the certification, registration, or certificate of authority number as required by this part when submitting an advertisement for publication, broadcast, or printing or fails to display the certification, registration, or certificate of authority number as required by this part.
Sincerely yours,
Randall Gilbert, Esq.
Board Certified Construciton Litigator
Re: advertising
Yes. See California Business and Professions code Section 7030.5 "Every person licensed pursuant to this chapter shall include his license number in: (a) all construction contracts, (b) subcontracts and calls for bid: and (c) all forms of advertising as prescrobed by the registrar of contractors, used by such a person.
Best of luck
E. Leoanrd Fruchter
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