Legal Question in Construction Law in California

Construction

Do you need a California contractors' license to do construction on a military base in California?


Asked on 8/10/07, 5:24 pm

5 Answers from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Construction

I truly do not understand why attorneys reply to these questions without reading the law.

Amazing.

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Answered on 8/11/07, 12:29 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Construction

Well, you certainly have a diversity of opinion. Here's a fourth opinion, based on NO research but a general feel for the law applicable to military and other government property in general.

First, I would agree with Mr. Meyer that California is not in a position to insist that its contractor licensing laws be observed or enforced for work done on military bases in California. It is a question of jurisdiction; a state lacks the power to enforce its laws on Federal property.

On the other hand, the military can elect to require observance of state laws if it chooses. So, if the bid invitations say "California license required," that would be come a condition of bidding successfully, whether or not the military HAD to observe California law, which I thnk it does not.

So, if I'm right, this might explain the disparity in the answers you're getting. Further, if I'm right, a case for violation of a requirement for a California license could be pursued by the military as a breach of contract, but could NOT be prosecuted by California as a civil or criminal violation of its laws.

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Answered on 8/11/07, 12:36 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Construction

Yes.

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Answered on 8/10/07, 5:31 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Construction

Choose your attorneys carefully.

NO CALIFORNIA LICENSE IS REQUIRED FOR FEDERAL CONSTRUCTION PROJECTS.

See Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956); Gartell Construction Inc. v. Aurbry, 940 F.2d 437 (9th Cir. 1991).

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Answered on 8/10/07, 5:46 pm
Terry A. Nelson Nelson & Lawless

Re: Construction

Of course, along with a government contract involving background checks and financial proofs.

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Answered on 8/10/07, 8:36 pm


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