Legal Question in Construction Law in California
Contractor License
I have a question regarding contractor licenses and what they are able to do under those licenses. We hired a contractor to install our AC unit in our Server Room and they said that they can run and hook up the electrical portion of the AC unit. Yesterday when the AC Company came to do the install or management office said they could not run the electrical because they were not licensened electricians. This sounds ridiculous to me since they install AC units for a living. My question is if they are contractors and they ONLY install AC units why can�t they install the electrical portion of the job since that is what they do. Also even though they are not technically licensened for electrical isn�t there somewhere that says they can do the basic electrical under there contractor license?
2 Answers from Attorneys
Re: Contractor License
There are relatively new regulations that impose additional training and certification requirements on workers who actually do electrical work. There has been a shortage of these certified electrical workers, so it is entirely possible thay the contractor simply don't have enough properly certified employees even though the license might authorize them to do the work.
You should have an attorney review the contract. Depending on the scope of work, they might be on the hook to hire an electrical subcontractor to perform that portion of the contract.
Re: Contractor License
Mr. Starrett is correct regarding the new requirements for electricians, but the general rule has always been that a contractor can do work that is incidental to that which they are licensed to do. Then again, nobody other than a judge or jury can define when something ceases to be incidental.
I should tell you that wiring an A/C unit is not always a trivial task. In new construction you almost always see the electrician putting in the shut off box, etc., not the HVAC contractor.
I also agree with Mr. Starrett that you should check the scope of the contract. It may be that the HVAC contractor is required to hire an electrical sub to do the wiring.