Consequences

EDT

What are the consequences of doing a job over 500 without a license in california? anyone know? I was told that the state wouldnt support you to get paid but is that all? I am licensed, but am inquiring just to know for reference.

CGofMP

Please check with a lawyer for real help on this.... I am not one and do not pretend the information below is correct.

http://www.cslb.ca.gov/

UNLICENSED ACTIVITY

It is illegal for an unlicensed person to perform contracting work on any project for which the combined price of labor and materials is $500 or more. CSLB works to curtail underground economy contracting activities and reduce unlicensed activity through stings, sweeps and other enforcement actions.

In a complaint involving an unlicensed contractor, CSLB may issue a warning letter, a citation, or refer the complaint to the local district attorney for review and possible prosecution. CSLB has limited jurisdiction over unlicensed persons and cannot require an unlicensed person to make repairs to your project or pay restitution.
http://www.cslb.ca.gov/consumers/infocomplaint.asp

also see: http://www.cslb.ca.gov/contractors/enforcement.asp
Complaints Against Unlicensed Contractors

In California it is a misdemeanor to engage in the business or act in the capacity of a contractor without a contractor's license unless the contractor meets the criteria specified in Sections 7040 through 7054.5 of the Business and Professions Code.

When a complaint is filed against an unlicensed contractor, the CSLB will verify that the accused individual or firm contracted without a contractor's license and will, with sufficient evidence, determine the amount of financial injury involved.

How does the CSLB process complaints against unlicensed contractors?

When the board receives a complaint against an unlicensed contractor, it may issue a citation or file a criminal action with the local district attorney's office. In some cases, it may initiate injunction proceedings against the nonlicensee through the Attorney General or the district attorney's office.

Citation.

The registrar may issue a citation to an unlicensed contractor when there is probable cause to believe that the person is acting in the capacity or engaging in the business of contracting without a license in good standing. The citation includes an order of abatement to cease and desist and a civil penalty of up to $15,000. Unless the board receives a written appeal within fifteen working days after the citation is served, the citation becomes a final order of the registrar. The civil penalty is paid to the CSLB.

If the citation is appealed, the appeal is heard before an administrative law judge. He or she submits a decision to either uphold, modify or dismiss the citation. The decision is sent to the registrar for adoption.

If the cited unlicensed contractor continues to contract without a license, the registrar may refer him or her to criminal action.

Criminal Action.

The CSLB brings criminal charges, and the respondent appears in local court, which renders a final decision on the case. The court may order a fine, probation, restitution, a jail sentence, or all of these.

Injunction.

The registrar may apply for an injunction with the superior court of either the county in which an alleged practice or transaction took place or the county in which such person maintains a business or residence. An injuction restrains an unlicensed person from acting in the capacity or engaging in the business of contracting without a license in good standing.

__________________
Memorable Places - My little home on the web
Member of the White Knights Of Contractor Talk

Teetorbilt

Here, you can get a 'slap on the wrist' $250 for first offense OR a $5K + felony charge. It all depends on how froggy someone is feeling at the moment.

__________________
You can't solve you're problems with the same level of thinking that created the problems.

Albert Einstein

Melissa

IF, you have a CA Contractor's Lic then you should know. It's on the test.

You can get a fine and or jail time and it will go against you to get a lic.

EDT

Hmm, thanks for the info.. Yes, i recall it on the test but not as definite as what i read here.

NewYorker

How do I start to get a painting lic. in fl. New to this game.. always work for someone else. So it's now or never..I will be very greatfull if anyone can point me to the right direction.

Romex-Racer

The penalty for contracting without a license in California is nearly non existant. 66% of all people performing home improvements are not licensed. The CSLB makes a big show twice a year with their "caught on tape" sting operations, but it's just that, a show. If you want to know where to hire all the unlicensed contractors you'd ever need, just surf over to www.CraigsList.org The CSLB seems unaware of this clearing house for illegal contractors.

I've reported unlicensed activity many times to the CSLB, never a response, never a call, never any follow up. It's almost impossible to call the CSLB these days and actually speak to someone.

The general health of the construction industry in California is at an all time low and the CSLB's negligence is the primary reason. If you are licensed, you must mind your "P's and Q's" but if you are unlicensed, they behave as if they have no jurisdiction over you.

Recently I became aware that someone had opened a checking account with my company name and was using my license to take deposits from homeowners and never do the work. Many of these people called me thinking I was involved. I contacted the CSLB and was told to "report it to the police". I then walked into the local police station and was told to "report it to the Better Business Bureau...."

In California, you have to stop reading the CSLB's press releases and start looking around to see what's really going on. The industry has been overrun with illegal aliens, there's zero enforcement effort from Sacramento and most home improvement work is being bootlegged. All this has served to keep prices low.

In a recent newsletter they announced they were going to charter jet helicopters and fly over construction sites looking for suspected illegal alien activity. This is how these moron's think. Pay $900 an hour and tour the city by air looking for people with brown skin. Unbelievable.

The CSLB should be either dismantled or reformed. This agency has done more to harm the construction industry than help.

__________________
Whoop! Whoop!

Melissa

Okay, now I'm depressed.

Spectatorz

A few years ago in California there was a "Hotline" at the CSLB that was supposed to be used for reporting "Unlicensed Contracting" activities.
Sad to find that system has been removed and now it seems the only reporting going on has to be after a person does business with an "Unlicensed Contractor" to be worthy of Government Investigation.

I see it all the time, almost everyday where a guy goes around calling himself a "Contractor" with business cards and signs on the truck. Interesting thing is there is "No License Number" on the cards or signs.
That is against the Law to my knowledge.
If this were an Honest Mistake, the name of the guy could be found at the CSLB website with information on the license number and all.
What should people do in this state? I know if there were a way to report this activity, there is about a half dozen guys I would Report !!!
!!!

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.

mrmojo

competition got ya down there spectatorz?

Spectatorz

Competition ?? What Competition ?? You might as well say that because You or Anybody else can Hold a golf Club, makes you Competition for Tiger Woods...

Guys like that are not competition for me or any other "Licensed" Contractor.
They just go around screwing things up for Consumers and making a Bad Reputation for Contractors in General.

My customers are Always Happy and Treated with Complete Professionalism.
Thats what Legitimate Professionals Do.

Thanks for Asking.

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.

tc1811

....just wondering how low a helicopter can legally fly over ..say like HomeDepot in the morning.....?