Below is a guide to Contractor License Law in California (“CCLL”) designed to help contractors quickly navigate certain statutes along with the full legal text. California Contractor License Law can be found in the California Business and Professions Code, Division 3, Chapter 9, beginning with Section 7000. California Contractors Insurance Services specializes in bonds and insurance for licensed contractors in California so we will focus on pertinent sections of Articles 3, 5 and 9 relating to Exemptions, Licensing and Renewal of Licenses. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Feel free to call with any questions or visit Capitol Services Inc., who assists Contractors with licensing.
Last updated October 2017.
Who is required to obtain a contractor license in California?
All contractors in California are required to be licensed unless they meet one of the exemptions. Exemptions from licensing include, but are not limited to: (1) authorized representatives of the federal, state or local government, (2) public utilities, (3) certain property owners working on their own property, and (4) individuals performing small projects that cost less than $500.
California Business and Professions Code, Division 3, Chapter 9, Section 7040 - 7054.5:
7040.
(a) This chapter does not apply to an authorized representative of the United States government, the State of California, or any incorporated town, city, county, irrigation district, reclamation district or other municipal or political corporation or subdivision of this state when the entity or its representative is acting within the scope of the entity’s or representative’s official capacity.
(b) Nothing in this section authorizes the entity or it’s authorized representative thereof either to enter into or authorize a contract with an unlicensed contractor for work which is required by this chapter to be performed by a licensed contractor.
(Amended by Stats. 1995, Ch. 467, Sec. 2. Effective January 1, 1996.)
7041.
This chapter does not apply to officers of a court when they are acting within the scope of their office.
(Added by Stats. 1939, Ch. 37.)
7042.
This chapter does not apply to public utilities operating under the regulation of the State Railroad Commission on construction, maintenance and development work incidental to their own business.
(Added by Stats. 1939, Ch. 37.)
7042.1.
(a) Notwithstanding any other provisions of this chapter, gas, heat, or electrical corporations and their subsidiaries that are regulated as public utilities by the Public Utilities Commission shall not conduct work for which a contractor’s license is required, except under any one or more of the following conditions:
(1) The work is performed upon the gas, heat, or electrical corporation’s properties.
(2) The work is performed through a contract with a contractor or contractors licensed pursuant to this chapter or the work is performed for low-income citizens pursuant to a program authorized by order of the Public Utilities Commission.
(3) The work is undertaken by the gas, heat, or electrical corporation in furtherance of the generation, transmission, or distribution of electricity, gas, or steam, whether within or without the service area of the corporation, if any work performed within a structure and beyond a customer’s utility meter is necessary to protect the public safety or to avoid interruption of service.
(4) The work is otherwise exempt from the provisions of this chapter.
(5) The work is performed to comply with programs or procedures ordered or authorized by the Public Utilities Commission not inconsistent with the objectives expressed in Chapter 984 of the Statutes of 1983.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Gas, heat, or electrical corporation properties” means properties which a gas, heat, or electrical corporation owns or leases, or over which it has been granted an easement for utility purposes, or facilities which a gas, heat, or electrical corporation owns or operates for utility purposes.
(2) “Subsidiaries” means subsidiaries of a gas, heat, or electrical corporation regulated as public utilities by the Public Utilities Commission which carry out activities solely for utility purposes.
(c) It is the intention of the Legislature in enacting this section that public utility regulations be clearly based on the principle that the energy conservation industry should be allowed to develop in a competitive manner, as declared in Chapter 984 of the Statutes of 1983.
(Amended by Stats. 1989, Ch. 29, Sec. 1.)
7042.5.
This chapter does not apply to public utilities operating under the regulation of the Public Utilities Commission on construction, maintenance, and development work incidental to their own business, or to those activities of a cable television corporation subject to regulation pursuant to Section 768.5 of the Public Utilities Code, except underground trenching by a cable television corporation within the public streets, other than that necessary solely for the connection of its distribution system to, or within the properties of, subscribers or potential subscribers.
As used in this section, a cable television corporation is a corporation or person that transmits television programs by cable to subscribers for a fee.
(Amended by Stats. 1984, Ch. 945, Sec. 1.)
7043.
This chapter does not apply to any construction, repair or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning or other operation of any petroleum or gas well, when performed by an owner or lessee.
(Added by Stats. 1939, Ch. 37.)
7044.
(a) This chapter does not apply to any of the following:
(1) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met:
(A) None of the improvements are intended or offered for sale.
(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owner’s employees with wages as their sole compensation.
(2) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met:
(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.
(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.
(3) A homeowner improving his or her principal place of residence or appurtenances thereto, provided that all of the following conditions exist:
(A) The work is performed prior to sale.
(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.
(C) The homeowner has not availed himself or herself of the exemption in this paragraph on more than two structures more than once during any three-year period.
(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.
(b) In all actions brought under this chapter, both of the following shall apply:
(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.
(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale.
(Amended by Stats. 2016, Ch. 714, Sec. 1. Effective January 1, 2017.)
7044.01.
In addition to all other remedies, any licensed contractor or association of contractors, labor organization, consumer affected by the violation, district attorney, or the Attorney General shall be entitled to seek injunctive relief prohibiting any violation of this chapter by an owner-builder who is neither licensed nor exempted from licensure under this chapter. The plaintiff in that action shall not be required to prove irreparable injury and shall be entitled to attorney’s fees and all costs incurred in the prosecution of the action, provided the plaintiff is the prevailing party. The defendant in that action shall be entitled to attorney’s fees and all costs incurred in the defense against the action, provided the defendant is the prevailing party.
(Added by Stats. 2009, Ch. 307, Sec. 71. Effective January 1, 2010.)
7044.1.
This chapter does not apply to a real estate licensee acting within the course and scope of his or her license pursuant to the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4). However, nothing in this section shall authorize a real estate licensee or a property manager to act in the capacity of a contractor unless licensed by the board.
(Added by Stats. 1994, Ch. 361, Sec. 1. Effective January 1, 1995.)
7044.2.
This chapter does not apply to an admitted surety insurer whenever that surety insurer engages a contractor to undertake the completion of a contract on which a performance or completion bond was issued by the surety insurer, provided all actual construction work is performed by duly licensed contractors.
(Amended by Stats. 1997, Ch. 17, Sec. 7. Effective January 1, 1998.)
7045.
This chapter does not apply to the sale or installation of any finished products, materials, or articles of merchandise that do not become a fixed part of the structure, nor shall it apply to a material supplier or manufacturer furnishing finished products, materials, or articles of merchandise who does not install or contract for the installation of those items. The term “finished products” shall not include installed carpets or mobile homes or mobile home accessory structures, as defined in Section 7026.2.
This chapter shall apply to the installation of home improvement goods, as defined in Section 7151.
(Amended by Stats. 1993, Ch. 589, Sec. 11. Effective January 1, 1994.)
7046.
This chapter does not apply to any construction, alteration, improvement, or repair of personal property. The term “personal property” shall not include mobile homes or mobile home accessory structures as defined in Section 7026.2.
(Amended by Stats. 1991, Ch. 1160, Sec. 24.)
7048.
This chapter does not apply to 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.
(Amended by Stats. 2004, Ch. 865, Sec. 8. Effective January 1, 2005.)
7049.
This chapter does not apply to any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising, or clearing or other work upon the land in rural districts for fire prevention purposes, except when performed by a licensee under this chapter.
The provisions of this chapter do apply to the business of drilling digging, boring, or otherwise constructing, deepening, repairing, perforating, or abandoning water wells.
(Amended by Stats. 1959, Ch. 1691.)
7051.
This chapter does not apply to a licensed architect or a registered civil or professional engineer acting solely in his or her professional capacity or to a licensed structural pest control operator acting within the scope of his or her license or a licensee operating within the scope of the Geologist and Geophysicist Act.
(Amended by Stats. 1994, Ch. 26, Sec. 206. Effective March 30, 1994.)
7052.
This chapter does not apply to any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor.
(Added by Stats. 1949, Ch. 90.)
7053.
Except as provided in Article 10 (commencing with Section 7150), this chapter does not apply to any person who engages in the activities herein regulated as an employee who receives wages as his or her sole compensation, does not customarily engage in an independently established business, and does not have the right to control or discretion as to the manner of performance so as to determine the final results of the work performed.
(Amended by Stats. 1982, Ch. 1427, Sec. 2.)
7054.
This chapter does not apply to any person who performs work in the installation, maintenance, monitoring, selling, alteration, or servicing of alarm systems, as defined in subdivision (n) of Section 7590.1, and who holds an alarm company operator’s license issued pursuant to Chapter 11.6 (commencing with Section 7590).
(Amended by Stats. 1991, Ch. 1160, Sec. 25.)
7054.5.
The licensing provisions of this chapter do not apply to any person registered under Chapter 20 (commencing with Section 9800) if that person’s activities consist only of installing satellite antenna systems on residential structures or property.
(Added by Stats. 1987, Ch. 422, Sec. 1.)”
How does the California contractor license application process work?
To become licensed, an applicant must submit a completed Application for Original Contractor License and $330.00 application fee to the California Contractor State License Board (“CSLB”). Each application must list a “Qualifying Individual”, which is an owner or Responsible Managing Employee/Officer of the applicant.
A Responsible Managing Employee (RME) is a permanent employee that is not an officer, general partner or sole owner of a licensed contracting business that provides the necessary qualifications of the contractor license classification because the business’ owners cannot meet the criteria of the trade. An RME must be actively engaged in the operation for at least 32 hours per week or 80% of the total weekly hours the business is operating. A Responsible Managing Officer (RMO) is an officer holding less than 10% of the voting rights of a corporation or LLC in California who provides the necessary qualifications of the contractor license classification because the corporation’s other owners do not possess the criteria for the trade.
The application must specify the license classification applied for. Only one classification may be requested on an original application when an examination is required.
Below is a list of the various license classifications from the application:
The Qualifying Individual must also show they have the required level of experience to become licensed through submission of a Certificate of Work Experience, and Construction Project Experience form if applicable. The Qualifying Individual must document at least 4 years of journeyman-level or higher experience in the classification for which they are applying obtained within the last 10 years.
In addition, applicants are required to submit a full set of fingerprints for the CSLB to conduct a criminal history record check.
Prior to becoming licensed, the Qualifying Individual must pass a written exam administered by the CSLB to demonstrate knowledge of contractor law, the business of contracting and the contractor’s trade.
The CSLB will notify the applicant within 15 days after approval of the application that a license may be issued to them once the initial license fee of $200.00 is paid. Upon payment of the initial license fee, the CSLB will issue the license to the applicant.
California Business and Professions Code, Division 3, Chapter 9, Section 7065:
“(a) Under rules and regulations adopted by the board and approved by the director, the registrar shall investigate, classify, and qualify applicants for contractors’ licenses by written examination. This examination shall include questions designed to show that the applicant has the necessary degree of knowledge required by Section 7068 and shall include pertinent questions relating to the laws of this state and the contracting business and trade.
(b) Contractors’ licenses are to be issued to individual owners, partnerships, corporations, and limited liability companies in accordance with this chapter.
(1) Every person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record.
(2) Every person who is a member of a partnership seeking licensure under this chapter shall be listed on the application as a member of the personnel record.
(c) An applicant shall qualify for licensure in accordance with this subdivision as follows:
(1) An individual owner may qualify by examination for a contractor’s license upon the appearance of the owner or a qualifying individual appearing as a responsible managing employee on behalf of the owner.
(2) A partnership may qualify by examination for a contractor’s license upon the appearance of a partner or a qualifying individual appearing as a responsible managing employee on behalf of the partnership.
(3) A corporation may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee on behalf of the corporation.
(4) A limited liability company may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing as a responsible managing officer, a responsible managing manager, a responsible managing member, or a responsible managing employee on behalf of the company.
(d) No examination shall be required of a qualifying individual if, within the five-year period immediately preceding the application for licensure, the qualifying individual has either personally passed the written examination for the same classification being applied for, or has served as the qualifying individual for a licensee whose license was in good standing at any time during the five-year period immediately preceding the application for licensure and in the same classification being applied for.
(Amended by Stats. 2011, Ch. 296, Sec. 13. Effective January 1, 2012.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7066:
“To obtain an original license, an applicant shall submit to the registrar an application in writing containing the statement that the applicant desires the issuance of a license under the terms of this chapter.
The application shall be made on a form prescribed by the registrar in accordance with the rules and regulations adopted by the board and shall be accompanied by the fee fixed by this chapter.
(Added by Stats. 1939, Ch. 37.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7068:
“(a) The board shall require an applicant to show the degree of knowledge and experience in the classification applied for, and the general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business that the board deems necessary for the safety and protection of the public.
(b) An applicant shall qualify in regard to his or her experience and knowledge in one of the following ways:
(1) If an individual, he or she shall qualify by personal appearance or by the appearance of his or her responsible managing employee who is qualified for the same license classification as the classification being applied for.
(2) If a partnership or a limited partnership, it shall qualify by the appearance of a general partner or by the appearance of a responsible managing employee who is qualified for the same license classification as the classification being applied for.
(3) If a corporation, or any other combination or organization, it shall qualify by the appearance of a responsible managing officer or responsible managing employee who is qualified for the same license classification as the classification being applied for.
(4) If a limited liability company, it shall qualify by the appearance of a responsible managing officer, a responsible managing manager, responsible managing member, or a responsible managing employee who is qualified for the same license classification as the classification being applied for.
(c) A responsible managing employee for the purpose of this chapter shall mean an individual who is a bona fide employee of the applicant and is actively engaged in the classification of work for which that responsible managing employee is the qualifying person on behalf of the applicant.
(d) The board shall, in addition, require an applicant who qualifies by means of a responsible managing employee under either paragraph (1) or (2) of subdivision (b) to show his or her general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
(e) Except in accordance with Section 7068.1, no person qualifying on behalf of an individual or firm under paragraph (1), (2), (3), or (4) of subdivision (b) shall hold any other active contractor’s license while acting in the capacity of a qualifying individual pursuant to this section.
(f) At the time of application for renewal of a license, the current qualifying individual shall file a statement with the registrar, on a form prescribed by the registrar, verifying his or her capacity as a qualifying individual to the licensee.
(g) Statements made by or on behalf of an applicant as to the applicant’s experience in the classification applied for shall be verified by a qualified and responsible person. In addition, the registrar shall, as specified by board regulation, randomly review a percentage of such statements for their veracity.
(h) The registrar shall review experience gained by applicants from other states to determine whether all of that experience was gained in a lawful manner in that state.
(Amended by Stats. 2010, Ch. 698, Sec. 8. Effective January 1, 2011.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7068.1:
“(a) The person qualifying on behalf of an individual or firm under paragraph (1), (2), (3), or (4) of subdivision (b) of Section 7068 shall be responsible for exercising that direct supervision and control of his or her employer’s or principal’s construction operations to secure compliance with this chapter and the rules and regulations of the board. This person shall not act in the capacity of the qualifying person for an additional individual or firm unless one of the following conditions exists:
(1) There is a common ownership of at least 20 percent of the equity of each individual or firm for which the person acts in a qualifying capacity.
(2) The additional firm is a subsidiary of or a joint venture with the first. “Subsidiary,” as used in this subdivision, means any firm at least 20 percent of the equity of which is owned by the other firm.
(3) With respect to a firm under paragraph (2), (3), or (4) of subdivision (b) of Section 7068, the majority of the partners, officers, or managers are the same.
(b) Notwithstanding paragraphs (1) to (3), inclusive, of subdivision (a), a qualifying individual may act as the qualifier for no more than three firms in any one-year period.
(c) The following definitions shall apply for purposes of this section:
(1) “Firm” means a partnership, a limited partnership, a corporation, a limited liability company, or any other combination or organization described in Section 7068.
(2) “Person” is limited to natural persons, notwithstanding the definition of “person” in Section 7025.
(d) The board shall require every applicant or licensee qualifying by the appearance of a qualifying individual to submit detailed information on the qualifying individual’s duties and responsibilities for supervision and control of the applicant’s construction operations.
(e) Violation of this section shall constitute a cause for disciplinary action and shall be punishable as a misdemeanor by imprisonment in a county jail not to exceed six months, by a fine of not less than three thousand dollars ($3,000), but not to exceed five thousand dollars ($5,000), or by both the fine and imprisonment.
(Amended by Stats. 2013, Ch. 180, Sec. 1. Effective January 1, 2014.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7069:
“(a) An applicant, and each officer, director, partner, manager, associate, and responsible managing employee thereof, shall not have committed acts or crimes that are grounds for denial of licensure under Section 480.
(b) As part of an application for a contractor’s license, the board shall require an applicant to furnish a full set of fingerprints for purposes of conducting a criminal history record check. Fingerprints furnished pursuant to this subdivision shall be submitted in an electronic format if readily available. Requests for alternative methods of furnishing fingerprints are subject to the approval of the registrar. The board shall use the fingerprints furnished by an applicant to obtain criminal history information on the applicant from the Department of Justice and the United States Federal Bureau of Investigation, and the board may obtain any subsequent arrest information that is available.
(Amended by Stats. 2010, Ch. 698, Sec. 11. Effective January 1, 2011.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7072:
“Following receipt of the application fee and an application furnishing complete information in the manner required by the registrar, and after such examination and investigation as he may require, the registrar, within 15 days after approval of the application, shall notify the applicant that a license may be issued to him on payment of the initial license fee provided in Article 8 (commencing at Section 7135), and, when the initial license fee is paid, shall issue a license to him permitting him to engage in business as a contractor under the terms of this chapter.
(Amended by Stats. 1970, Ch. 340.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7074:
“(a) Except as otherwise provided by this section, an application for an original license, for an additional classification, or for a change of qualifier shall become void when:
(1) The applicant or the examinee for the applicant has failed to achieve a passing grade in the qualifying examination within 18 months after the application has been deemed acceptable by the board.
(2) The applicant for an original license, after having been notified to do so, fails to pay the initial license fee within 90 days from the date of the notice.
(3) The applicant, after having been notified to do so, fails to file within 90 days from the date of the notice any bond or cash deposit or other documents that may be required for issuance or granting pursuant to this chapter.
(4) After filing, the applicant withdraws the application.
(5) The applicant fails to return the application rejected by the board for insufficiency or incompleteness within 90 days from the date of original notice or rejection.
(6) The application is denied after disciplinary proceedings conducted in accordance with the provisions of this code.
(b) The void date on an application may be extended up to 90 days or one examination may be rescheduled without a fee upon documented evidence by the applicant that the failure to complete the application process or to appear for an examination was due to a medical emergency or other circumstance beyond the control of the applicant.
(c) An application voided pursuant to this section shall remain in the possession of the registrar for the period as he or she deems necessary and shall not be returned to the applicant. Any reapplication for a license shall be accompanied by the fee fixed by this chapter.
(Amended by Stats. 2016, Ch. 634, Sec. 4. Effective January 1, 2017.)”
Are any California contractor license applicants not required to take the written license examination?
No exam is required of a Qualifying Individual for a license application if in the five-years prior to the application for licensure, the individual has passed the exam for the same classification applied for, or has served as the Qualifying Individual for a licensee whose license was in good standing at any time during the five-years prior to the application for licensure and in the same classification applied for.
Certain Qualifying Individuals that are either (i) personnel of a licensee, (ii) immediate family members of a licensee,(iii) a formerly licensed contractor that is now a U.S. government contractor currently exempt from state licensure, or (iv) an employee of a corporation or a limited liability company seeking to replace its former Qualifying Individual, may also be eligible for a waiver from the contractor licensing written exam if certain requirements are met. The primary requirement for such waivers is that the Qualifying Individual has actively engaged in the licensee’s business for five of the seven years immediately preceding the application for licensure in the same classifications in which the licensee is or was licensed.
Existing licensees may also be granted a waiver from the exam requirement for an additional class of license if they possess satisfactory experience in the classification applied for and certain additional conditions are met. In addition, applicants already licensed with the same classification in another state in good standing for the previous five years may be eligible for an exam waiver if certain additional conditions are met.
Those applying for licensure based on waiver or exemption from the exam should complete the Application for Original Contractor License – Examination Waiver instead of the standard application.
California Business and Professions Code, Division 3, Chapter 9, Section 7065 (d):
“(d) No examination shall be required of a qualifying individual if, within the five-year period immediately preceding the application for licensure, the qualifying individual has either personally passed the written examination for the same classification being applied for, or has served as the qualifying individual for a licensee whose license was in good standing at any time during the five-year period immediately preceding the application for licensure and in the same classification being applied for.
(Amended by Stats. 2011, Ch. 296, Sec. 13. Effective January 1, 2012.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7065.1:
“Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license under any of the following circumstances:
(a) The qualifying individual has, for five of the seven years immediately preceding the application for licensure, been listed on the official records of the board as a member of the personnel of any licensee who held a license, which was active and in good standing, in the same classification being applied for, and who during the period listed on the license has been actively engaged in a licensee’s construction activities in the same classification within which the applicant applies for a license.
(b) The qualifying individual is an immediate member of the family of a licensee whose individual license was active and in good standing for five of the seven years immediately preceding the application for licensure, and the qualifying individual is able to show all of the following:
(1) The qualifying individual has been actively engaged in the licensee’s business for five of the seven years immediately preceding the application for licensure.
(2) The license is required to continue the existing family business in the event of the absence or death of the licensee.
(3) An application is made for a new license in the same classifications in which the licensee is or was licensed.
(c) The qualifying individual is an employee of a corporation or a limited liability company seeking to replace its former qualifying individual and has been employed by that corporation or limited liability company under the following conditions:
(1) For five of the seven years immediately preceding the application for licensure, the qualifying individual has been continually employed by the corporation or limited liability company in a supervisory capacity in the same classifications being applied for.
(2) For five of the seven years immediately preceding the application for licensure, the corporation or limited liability company has held an active license in good standing in the same classifications being applied for.
(3) The corporation or limited liability company has not requested a waiver under this subdivision within the past five years.
For purposes of this section, employees of a corporation or limited liability company shall include, but not be limited to, the officers of a corporation and the officers and managers of a limited liability company.
(Amended by Stats. 2010, Ch. 698, Sec. 6. Effective January 1, 2011.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7065.2:
“Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license if the applicant has previously held a valid contractor’s license in this state and has been acting in the capacity of a contractor for the United States government in a position exempt from licensure under this chapter.
(Added by Stats. 1987, Ch. 630, Sec. 1.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7065.3:
“Notwithstanding Section 7065, upon a conclusive showing by a licensee that he or she possesses experience satisfactory to the registrar in the classification applied for, an additional classification may be added, without further examination, under all of the following conditions:
(a) For five of the seven years immediately preceding the application, the qualifying individual of the licensee has been listed as a member of the personnel of any licensee whose license was active and in good standing, and who during the period listed on a license was actively engaged in the licensee’s construction activities.
(b) The qualifying individual for the applicant has had within the last 10 years immediately preceding the filing of the application, not less than four years experience as a journeyman, foreman, supervising employee, or contractor in the classification within which the licensee intends to engage in the additional classification as a contractor.
(c) The application is, as determined by the registrar, for a classification that is closely related to the classification or classifications in which the licensee is licensed, or the qualifying individual is associated with a licensed general engineering contractor or licensed general building contractor and is applying for a classification that is a significant component of the licensed contractor’s construction business as determined by the registrar. This section shall not apply to an applicant who is licensed solely within the limited-specialty classifications.
Pursuant to Section 7065, the registrar shall conduct a comprehensive investigation of no less than 3 percent of applications filed under this section to ensure that the applicants met the experience requirements of this section.
(Amended by Stats. 2013, Ch. 319, Sec. 7. Effective January 1, 2014.)”
California Business and Professions Code, Division 3, Chapter 9, Section 7065.4:
“The registrar may accept the qualifications of an applicant who is licensed as a contractor in a similar classification in another state if that state accepts the qualifications of a contractor licensed in this state for purposes of licensure in that other state, and if the board ascertains, on a case-by-case basis, that the professional qualifications and conditions of good standing for licensure and continued licensure are at least the same or greater in that state as in California. The registrar may waive the trade examination for that applicant if the applicant provides written certification from that other state in which he or she is licensed, that the applicant’s license has been in good standing for the previous five years.
(Added by Stats. 1990, Ch. 1326, Sec. 2. Effective September 26, 1990.)”
What surety bond is required for all contractor license applicants?
Every contractor is required to file a $15,000 Contractor’s Bond with the California Contractors State License Board (“CSLB”) to activate, reinstate or renew their license and must maintain such bond during the term of their license.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.6:
“(a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of fifteen thousand dollars ($15,000).
(b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section.
(c) No bond shall be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive.
(d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions:
(1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7.
(2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar.
(3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public.
(Amended by Stats. 2015, Ch. 656, Sec. 9. Effective January 1, 2016.)”
Who can make a claim against a Contractor’s Bond?
Homeowners of personal family residences and property owners of single-family dwellings not for sale at the time of damages may file a claim for damages against a licensee’s bond. In addition, the Contractor’s Bond benefits a person damaged by a licensed contractor’s violation of the California Contractor License Law or by fraud of the licensee in the execution or performance of a construction contract. Also, employees owed wages by a licensee may make a claim against the licensee’s Contractor’s Bond.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.5:.
“The contractor’s bond required by this article shall be executed by an admitted surety in favor of the State of California, in a form acceptable to the registrar and filed with the registrar by the licensee or applicant. The contractor’s bond shall be for the benefit of the following:
(a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee.
(b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred.
(c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract.
(d) An employee of the licensee damaged by the licensee’s failure to pay wages.
(e) A person or entity, including a laborer described in subdivision (b) of Section 8024 of the Civil Code, to which a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, damaged as the result of the licensee’s failure to pay fringe benefits for its employees, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations thereunder (without regard to whether the work was performed on a private or public work). Damage to a person or entity under this subdivision is limited to actual employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay.
(Amended by Stats. 2010, Ch. 697, Sec. 2. Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)”
What are the additional bonding requirements for a contractor formed as an LLC?
In addition to the $15,000 Contractor’s Bond, contractors formed as a limited liability company are required to file a $100,000 LLC Employee/Worker Bond with the CSLB.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.6.5:
“(a) The board shall require, as a condition precedent to the issuance, reissuance, reinstatement, reactivation, renewal, or continued valid use of a limited liability company license, that the applicant or licensee file or have on file a surety bond in the sum of one hundred thousand dollars ($100,000).
(b) The bond required by this section shall be executed by an admitted surety in favor of the State of California, in a form acceptable to the registrar and filed with the registrar, electronically or otherwise, by the applicant or licensee.
(c) The bond required by this section shall be for the benefit of any employee damaged by his or her employer’s failure to pay wages, interest on wages, or fringe benefits and is intended to serve as an additional safeguard for workers employed by or contracted to work for a limited liability company.
(d) If an applicant or licensee subject to subdivision (a) is also a party to a collective bargaining agreement, the bond required by this section shall also cover, in addition to the coverage described in subdivision (c), welfare fund contributions, pension fund contributions, and apprentice program contributions.
(e) The bond required by this section shall not be applicable to a licensee whose license has been inactivated on the official records of the board during the period the license is inactive.
(Added by Stats. 2010, Ch. 698, Sec. 13. Effective January 1, 2011.)”
Who can make a claim against a LLC Employee/Worker Bond?
The $100,000 license bond required of contractors organized as limited liability companies strictly benefits workers employed by or contracted to work for an LLC owed wages by the LLC licensee.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.6.5:
“(a) The board shall require, as a condition precedent to the issuance, reissuance, reinstatement, reactivation, renewal, or continued valid use of a limited liability company license, that the applicant or licensee file or have on file a surety bond in the sum of one hundred thousand dollars ($100,000).
(b) The bond required by this section shall be executed by an admitted surety in favor of the State of California, in a form acceptable to the registrar and filed with the registrar, electronically or otherwise, by the applicant or licensee.
(c) The bond required by this section shall be for the benefit of any employee damaged by his or her employer’s failure to pay wages, interest on wages, or fringe benefits and is intended to serve as an additional safeguard for workers employed by or contracted to work for a limited liability company.
(d) If an applicant or licensee subject to subdivision (a) is also a party to a collective bargaining agreement, the bond required by this section shall also cover, in addition to the coverage described in subdivision (c), welfare fund contributions, pension fund contributions, and apprentice program contributions.
(e) The bond required by this section shall not be applicable to a licensee whose license has been inactivated on the official records of the board during the period the license is inactive.
(Added by Stats. 2010, Ch. 698, Sec. 13. Effective January 1, 2011.)”
What are the additional insurance requirements for a contractor licensee that is an LLC?
LLC licensees with five or less personnel must have $1,000,000 in liability insurance coverage. For each additional personnel, the amount increases $100,000, up to a maximum of $5 million. An LLC licensee that fails to comply with these requirements is suspended until the LLC complies.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.19:
“(a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, in addition to any bond required under this article, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the contracting services it provides.
(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1) For a limited liability company licensee with five or fewer persons listed on the members of the personnel of record, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2) For a limited liability company licensee with more than five persons listed on the members of the personnel of record, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person listed on the personnel of record of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c) The policy or policies required by this section may be issued on a claims-made or occurrence basis, and shall cover: (1) in the case of a claims-made policy, claims initially asserted in the designated period, and (2) in the case of an occurrence policy, occurrences during the designated period. For purposes of this section, “designated period” means a policy year or any other period designated in the policy that is not greater than 12 months. Any policy or policies secured to satisfy the requirements of this section shall be written by an insurer or insurers duly licensed by this state or an eligible surplus line insurer, with the insurance procured pursuant to Section 1765.1 of the Insurance Code, and may be in a form reasonably available in the commercial insurance market and may be subject to those terms, conditions, exclusions, and endorsements that are typically contained in those policies. A policy or policies of insurance maintained pursuant to this section may be subject to a deductible or self-insured retention.
(d) The impairment or exhaustion of the aggregate limit of liability by amounts paid under any policy in connection with the settlement, discharge, or defense of claims applicable to a designated period shall not require the licensee to acquire additional insurance coverage for that designated period. However, the aggregate limit of liability coverage (coverage limit) required by this section shall be reinstated by not later than the commencement date of the next designated period, and the license of any licensee that fails to comply with this provision shall be suspended by operation of law until the date that the licensee complies with the coverage limit requirements of this section. In addition, the amount to which any coverage limit is depleted may be reported on the license record.
(e) Upon the dissolution and winding up of the company, the company shall, with respect to any insurance policy or policies then maintained pursuant to this section, maintain or obtain an extended reporting period endorsement or equivalent provision in the maximum total aggregate limit of liability required to comply with this section for a minimum of three years if reasonably available from the insurer.
(f) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the registrar, submit the information and documentation required by this section and requested by the registrar, demonstrating compliance with the financial security requirements specified by this section.
(g) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the registrar. The insurer issuing the certificate, or, in the case of a surplus line policy, the surplus line broker, shall report to the registrar the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, the date and amount of any payment of claims, and cancellation date if applicable.
(h) Upon the issuance, reinstatement, or reactivation of a license under this section, the registrar may post the following information to the licensee’s license record on the Internet:
(1) The name of the insurer or insurers providing the liability policy or policies submitted by the licensee for the most recent designated period.
(2) Any policy numbers and the sum of the aggregate limit of liability provided by each.
(Amended by Stats. 2013, Ch. 114, Sec. 1. Effective January 1, 2014.)”
When is a Bond of Qualifying Individual required?
In addition to the $15,000 Contractor’s Bond, a Bond Of Qualifying Individual is required when the Qualifying Individual for a contractor license application is a Responsible Managing Employee, or Responsible Managing Owner/Manager/Member holding less than 10% voting stock/membership interest of the entity seeking licensure.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.9:
“(a) If the qualifying individual, as referred to in Sections 7068 and 7068.1, is neither the proprietor, a general partner, nor a joint licensee, he or she shall file or have on file a qualifying individual’s bond as provided in Section 7071.10 in the sum of twelve thousand five hundred dollars ($12,500). This bond is in addition to, and may not be combined with, any contractor’s bond required by Sections 7071.5 to 7071.8, inclusive, and is required for the issuance, reinstatement, reactivation, or continued valid use of a license.
(b) Excluding the claims brought by the beneficiaries specified in paragraph (1) of subdivision (a) of Section 7071.10, the aggregate liability of a surety on claims brought against the bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in paragraph (1) of subdivision (a) of Section 7071.10. However, nothing in this section shall be construed to prevent any beneficiary specified in paragraph (1) of subdivision (a) of Section 7071.10 from claiming or recovering the full measure of the bond required by this section. This bond is in addition to, and may not be combined with, any contractor’s bond required by Sections 7071.5 to 7071.8, inclusive, and is required for the issuance, reinstatement, reactivation, or continued valid use of a license.
(c) The responsible managing officer of a corporation shall not be required to file or have on file a qualifying individual’s bond, if he or she owns 10 percent or more of the voting stock of the corporation and certifies to that fact on a form prescribed by the registrar.
(d) The qualifying individual for a limited liability company shall not be required to file or have on file a qualifying individual’s bond if he or she owns at least a 10-percent membership interest in the limited liability company and certifies to that fact on a form prescribed by the registrar.
(Amended by Stats. 2010, Ch. 698, Sec. 16. Effective January 1, 2011.)”
Who can make a claim against a Bond of Qualifying Individual?
Homeowners of personal family residences and property owners of single-family dwellings not for sale at the time of damages may file a claim for damages against a Bond of Qualifying Individual. In addition, the Bond of Qualifying Individual benefits a person damaged by a licensed contractor’s violation of the California Contractor License Law or by fraud of the licensee in the execution or performance of a construction contract. Also, employees owed wages by a licensee may make a claim against the Bond of Qualifying Individual.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.10:
“The qualifying individual’s bond required by this article shall be executed by an admitted surety insurer in favor of the State of California, in a form acceptable to the registrar and filed with the registrar by the qualifying individual. The qualifying individual’s bond shall not be required in addition to the contractor’s bond when, as set forth under paragraph (1) of subdivision (b) of Section 7068, the individual proprietor has qualified for the license by his or her personal appearance, or the qualifier is a general partner as set forth under paragraph (2) of subdivision (b) of Section 7068. The qualifying individual’s bond shall be for the benefit of the following persons:
(a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee.
(b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred.
(c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract.
(d) An employee of the licensee damaged by the licensee’s failure to pay wages.
(e) A person or entity, including a laborer described in subdivision (b) of Section 8024 of the Civil Code, to which a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, that is damaged as the result of the licensee’s failure to pay fringe benefits for its employees including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations adopted thereunder (without regard to whether the work was performed on a public or private work). Damage to a person or entity under this subdivision is limited to employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay.
(Amended by Stats. 2010, Ch. 697, Sec. 3. Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)”
When is a Contractor Disciplinary Bond required?
A Contractor Disciplinary Bond is required when a licensee, qualifying individual, or primary owner or manager of a licensee that has been subject to a CSLB disciplinary action resulting in suspension or revocation of the licensee’s license is seeking a new license, or continuation, renewal, or restoration of a license. The bond limit of a Contractor Disciplinary Bond is set by the CSLB based on the seriousness of the violation with a minimum of $15,000 up to ten times that amount i.e. $150,000. The bond shall remain on file with the CSLB at least two years and for any additional time that the CSLB determines. The bond period runs only while the license is current, active, and in good standing, and is extended until the license has been current, active, and in good standing for the required period.
California Business and Professions Code, Division 3, Chapter 9, Section 7071.8:
“(a) This section applies to an application for a license, for renewal or restoration of a license, an application to change officers or members of a corporation or a limited liability company, or for continued valid use of a license