Legal Question in Construction Law in California
contractors license
I am small (1 man ) contracor that builds bookcases and other wood products. I do not have a contractors license and what is my defense if I am charged with not having a license?
4 Answers from Attorneys
Re: contractors license
Your defense really depends on exactly what services you are providng and how much you are charging. Anybody can build cabinets or other types of wood products and even deliver the products to a jobsite without needing a contractor's license. Installation of the products is generally what triggers the need for a license.
In California, anyone who contracts to perform work that is valued at $500 or more for materials and labor must hold a current, valid license from the Contractors State License Board in the specialty for which he or she is contracting. If a handyman charges $499 to build and install a cabinet, no license is required.
The proverbial devil is in the details. If you perform work that requires a license, you've commmitted a crime and have no right to payment. You have not posted enough facts for me to determine if the work you do requires a license.
Re: contractors license
Your only defense if you are charged with not having a license is that you didn't need one. If your role is limited to making bookcases, you may be classified as a manufacturer and supplier rather than as a contractor. If you are building them in, or participating in installing them, and the billing is over $500, you are shading over into being a contractor and needing the license. I would say if you do anything beyond delivering the bookcase from your shop to the home or office, you are at risk whenever the total bill exceeds $500.
Re: contractors license
Mr. Whipple and Mr. Starrett are correct. A license is required if you install the cabinets and the total cost of the materials and labor exceeds $500. As long as you merely construct the cabinets offsite and do not install them, you should be fine
Re: contractors license
None. You either have it, or you don't. You violate the law if you act as a contractor without it, and you can't collect for your billing without it.
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