Legal Question in Construction Law in California
I am a handyman in Calif. If my customer orders and pays for a retrofit window at Home Depot for $800 and they hire me to install it for them for $300...am I over the $600 handyman limit? I have an HOA telling me that it does not matter that the homeowner is supplying materials. Please advise.
2 Answers from Attorneys
Yeah, I think the HOA is right. The legislature really doesn't like handymen.
The HOA is right. California Business And Professions Code BPC Section 7048 states that a contractor's license (There is no handyman's limit.) is not necessary for any work or operation on one undertaking or project by one or more contracts, the aggregate contract price which for labor, materials, and all other items, is less than five hundred dollars ($500), that work or operations being considered of casual, minor, or inconsequential nature.
This exemption does not apply in any case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than five hundred dollars ($500) for the purpose of evasion of this chapter or otherwise. This exemption does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor or that he or she is qualified to engage in the business of a contractor.
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