Articles Posted in Construction Generally

The Arizona Registrar of Contractors (ROC) warns contractors that even if they have received a notice from the Department of Revenue stating: “If you are a contractor whose only business is to enter into contracts with the owner of real property for the maintenance, repair, replacement or alteration of existing property, beginning January 1, 2015, you do not need to have a transaction privilege tax (TPT) license,” Arizona Revised Statutes § 32-1122(B)(1)(h) requires all contractor license applicants and licensees to provide the ROC with a TPT license number to obtain or renew a contractor license. The ROC confirmed that it has asked the legislature to make these laws more consistent by removing this TPT requirement. However, it cautions that, until this change is made, contractors need to maintain their Arizona TPT license.

Recently, the California Contractors State License Board posted a link to the 2015 edition of the California Contractors License Law & Reference Book. This is an incredibly helpful resource if you are currently a contractor, subcontractor or materials supplier in California or if you may become one in the near future.

In its Public Notice of Nevada State Contractors Board (NSCB) Meeting scheduled for January 22, 2015 at 8:30 a.m. by videoconference at its Henderson and Reno NSCB offices, the NSCB’s agenda indicates that the meeting may include a legislative discussion and possible action on several pre-filed senate and house bills.
Continue Reading ›

Today, the California State Contractors License Board (CSLB) announced that, over the weekend, it issued its one-millionth contractor license to a tree service company in Norwalk, California. The CSLB was created on August 14, 1929, with the support of the State of California’s construction industry, so the public would be protected from irresponsible contractors. The law creating the CSLB defined three contractor categories that remain in effect today: Class “A” General Engineering, Class “B” General Building, and Class “C” Specialty contractors. In 1939, those categories evolved into the original license “classifications” and CSLB also began to examine applicants on their trade qualifications.
Continue Reading ›

Existing California law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if the plaintiff was denied full and equal access to the place of public accommodation on a particular occasion, as specified. It also requires a demand letter alleging the construction-related accessibility claim to, among other things, state facts sufficient to allow a reasonable person to identify the basis of the claim, and imposes a $1,000 limit on such statutory damages if the defendant demonstrates that it has, among other things, cured the construction-related accessibility violation within 60 days of being served with a complaint. Assembly Bill 54 (Olsen), introduced in early December 2014, seeks to amend this law to provide that, when a plaintiff brings a claim alleging a violation of a construction-related accessibility standard within 3 years of a change in that standard, a plaintiff may only collect statutory damages if she/he also provides the owner, agent, or other party responsible for the place in violation with a written notice or demand letter with specified information at least 60 days prior to filing any action and the violation is not cured.

California Civil Code § 55.56 would be amended to read (new language underlined):

“(a) Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. occasion, and the requirements of Section 55.565 have been met, if applicable.”

New California Civil Code § 55.565 would provide:

” (a) When a plaintiff brings a construction-related accessibility claim alleging a violation of a construction-related accessibility standard within three years of a change in that standard, statutory damages under subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered against a place of public accommodation only if the plaintiff provides the owner, agent, or other party responsible for the place of public accommodation where the alleged violation occurred with sufficient written notice of the allegations and alleged access barriers on which the claim is based at least 60 days prior to the filing of any action and the alleged access barriers are not removed.
(b) A written notice is sufficient for the purposes of subdivision (a) if either of the following conditions is met: (1) The notice states facts sufficient to allow a reasonable person to identify the basis of the construction-related accessibility claim under subdivision (a) of Section 55.31 and states that the recipient may be civilly liable for actual and statutory damages for a violation of a construction-related accessibility requirement if the access barriers that constitute the basis of the construction-related accessibility claim are not removed within 60 days. (2) The notice is a written demand letter that offers prelitigation settlement negotiations in accordance with subdivision (b) of Section 55.31.
(c) For the purposes of this section, “construction-related accessibility claim,” “construction-related accessibility standard,” and “place of public accommodation” have the meanings set forth in Section 55.52.”

UPDATE: At its February 20, 2015 Legislative Committee and Enforcement Committee meeting, the California Contractors State License Board is expected to provide an update and to consider several legislative proposals. The meeting that is open to the public is to commence at 9:30 a.m. PST at the CSLB Headquarters, John C. Hall Hearing Room, 9821 Business Park Drive, Sacramento, CA 95827, and at the teleconference location, 134 West 168th Street, Gardena, CA 94248.

Today, the California Department of Industrial Relations (DIR) released its 2014 Legislative Digest, which includes, among other things, an overview of new laws related to the work of DIR and its divisions, which include the Labor Commissioner’s Office, Cal/OSHA, the Division of Workers’ Compensation and the Division of Apprenticeship Standards.
Continue Reading ›

Yesterday, the California Contractors State License Board Chairman David Dias announced the selection of Chief Deputy Registrar Cindi A. Christenson to serve as the board’s new Registrar of Contractors, effective January 1, 2015. Her qualifications include having served as the CSLB’s second in command since 2009. Dias also noted that “She also will have the distinction of serving as CSLB’s first female Registrar of Contractors, among the known 15 executives who have served in this position since 1929.” Congratulations Ms. Christenson!

Additional Sources: Sac Bee, Christenson becomes first female to hold key exec post with state contractors’ board; California Looking For Next Registrar of Contractors; California CSLB Registrar of Contractors Announces Departure