Which is the correct interpretation of this law?

Question

I'm told this:

It is a misdemeanor for an unlicensed contractor to work on a project where the value of the ENTIRE PROJECT exceeds $500. This law cannot be "waived" by the customer. (California Business & Professions Code sections 7028 & 7048)

But then another member responded with this:

Technically, you cannot be fined for something that is not a crime. Commando's answer emphasizes CA BPC §§ 7028 & 7048. However, those appear to only apply to acting contractors engaged in contracted work. I am the homeowner and you're my employee. A government attempting to apply its limits within the sovereignty of my own personal property will be a government that quickly finds itself relieved of power.

"7044. This chapter does not apply to any of the following:
(a) An owner of property, building or improving structures thereon, or appurtenances thereto, who does the work himself or herself or through his or her own employees with wages as their sole compensation.

Answer 1

My interpretation is if you are a contractor, and you are not licensed then you cannot legally work on a project whose value exceeds $500. If you are not a contractor (a private or for-hire employee, or even a friend) then this law does not apply. Basically, you cannot claim to be a contractor and work on a project worth more than $500 if you are not licensed.

Answer 2

A misdemeanor building code violation is a criminal offense. It is treated criminally because if the work was done without the proper permits, the building could be built unsafe and an accident could occur. Then the person who did the faulty job without a permit would possibly be liable for someone's injury or even death. Most projects that cost less than $500 are like replacing a window or something (You don't have to have a licensed contractor do that) but anytime you change the structure of a building, i.e. tear down walls, build new walls, eletrical rewiring, new plumbing, you need a permit. The homeowner may live there and be okay with crappy work but if they ever try and sell the home and a building inspector comes from the insurance company or bank, the house will be seen as unfit to sell and the original owner will not only not be able to sell their house, but they can get fined daily until they get the work done properly. Or if it was done properly but without a permit, just a big fine.

Also, a licensed contractor has to do the work and they must have a building permit. Otherwise, the city or county will fine you if they find out. They're licensed for a reason, they had to take an extensive exam to prove to the state contractor's board that they know what thery're doing and have a 'somewhat idea' of the building codes.

Answer 3

You would be in violation of the law if you worked for a homeowner and the cost of the project were over $500. If you are truly an employee, then the second scenario would apply. That means you must be paid as an employee and the employer must file your taxes etc. You would have to determine the meaning of the terms contractor and employee to fully understand this.

Answer 4

Beheading isn't in the Islamic Sharia regulation, that is a Saudi innovation. The Taliban are an American creation to combat the Russians; as Saddam Hussein became into there to invade Iran; Now Aaama Bin encumbered to frighten the west to impose draconian rules on westerners, so while the oil and minerals run out they could save administration. each and every of the Taliban are good at is examining the Qu'ran in a language they can't understand and a faith they don't understand the two. How do murders like this characterize Islam? How does Hitler, Napoleon, the Borgeur Popes characterize Christianity. they do no longer.

Answer 5

Which scenario covers the work? Was a contractor involved or did a business use it's own employees , while paying their normal wages, to do the work? Did the person doing the work make a "profit" over and above their normal hourly wage?
Basically, If I own a business, I can do work on it and use my employees and pay them their normal wages. If I call in an outsider and do not cover them with all the same benefits,insurance, deduct taxes and SS and file an income tax form for them, they are not my employee. They are a hired contractor. Bigger problem is if you would want to claim them as your "employee" and then they get hurt, you are responsible. Does your company have records to prove their employment status?

Answer 6

contractors are not "employees" even if you're the homeowner. if you try that explanation, you'll fail in court everytime.

besides, if you think your property is "sovereign" try not paying your taxes....

from your first paragraph, it sounds as if the misdemeanor offense is on the contractor not the homeowner, so if you have faith the unlicensed contractor can do the job, it's no skin off your teeth if he's caught (other than the guy not finishing the job or your home failing inspections due to shoddy work...)

Answer 7

This is not a direct answer to your question but an oblique one: I interpret this law as the state attempting to ensure that it collects a tax from contractors before they can conduct business.

Answer 8

If you use an unlicensed person to do any work for you, you are taking a risk because you have very little recourse available to you if it goes south. i.e. You get what you pay for. You can go cheap and see what you get and might get screwed, or you can get a licensed person who is bonded and insured and may charge a little more, but you get to complain if it is not to your satisfaction.

Answer 9

A misdemeanor IS a crime...so the observation that you can't be fined for something that is not a crime is inapropos...