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Hey all, my first post here and excited to use and offer anything I can on this board. I got hired by a homeowner who filed with the city as the contractor for his home remodel. I've been working construction for years and got my own application for contractors license accepted right when he brought me on to help him build. Now, he's gotten busy at his own work and it seems I am running more things and hiring sub contractors for him that he approves and lists with the city. Does anybody see a licensing problem with this or since he is the homeowner/contractor I am still just his employee? He has even given me money to pay one sub already through my name as an independent contractor as he was out of town. As i have yet to take my test as I've been busy working, I feel uncertain of any consequences or illegal building/business practices that may be created with my increased work responsibility. Any thoughts or advice would be greatly appreciated. Thanks.
 

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You are hiring guys and paying them acting as a GC which you are not.

It seems you are also being played by the HO.

SoCal is ripe with the CSLB undercover teams.

Who has the Work Comp?

I know you have to eat & pay bills, just be careful you don't get caught up in the game.
 

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Were you hired as a project manager and put on payroll? As Griz said, who has the workers comp?

Or do you have a contract with the HO to act as the prime contractor? If this is the case, and the cslb finds out, your application and future license are at risk.

Hypothetical... you get your license, the project ends. The HO decides to file a complaint with the cslb. Even though you now have your license, you weren't licensed at the time. The cslb would most likely revoke your license.

The cslb shut down a multi million dollar high rise project in socal because the drywaller hired is/was in the licensing process. This one guy working without a license shut down a huge project that affected countless people.

You situation is different because countless people aren't in jeopardy, just you. You might want to limit your involvement in the project until you get your license.
 

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In the State of Florida....As the home owner Pulling a owner/builder permit, sign a contractor exeption form. This states that he will oversee the construction as a contractor would. Depending on which option he chose to fill out he can Hire a Licensed contractor, he can do the work himself, he can assume responsibility of the contractor this includes supervision of all work and laborers he hires, aquiring workman comp insurance and withholding taxes. If he has not done these things which you have already admitted you are supervising and he is not around, you are acting as an unlicensed contractor ...You are breaking the law. This could be a very bad thing for you and could possibly hinder your own attemp to become licensed. You should have checked this if you intend to become a licensed contractor. I doubt the state of California is much different. These laws are in place to not only protect the owner but the workers as well. You can not pay someone in your name as an independent contractor if you are not licensed. Sounds like he knew he put you in that position and i would go to the permitting office and explain what happened before he sets you up for failure which it sounds like he has done with proof that he payed you and you payed someone else.
 

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My eyes hurt.
In the State of Florida....As the home owner Pulling a owner/builder permit, sign a contractor exeption form. This states that he will oversee the construction as a contractor would.

Depending on which option he chose to fill out he can Hire a Licensed contractor, he can do the work himself, he can assume responsibility of the contractor this includes supervision of all work and laborers he hires, aquiring workman comp insurance and withholding taxes.

If he has not done these things which you have already admitted you are supervising and he is not around, you are acting as an unlicensed contractor ...You are breaking the law.

This could be a very bad thing for you and could possibly hinder your own attempt to become licensed. You should have checked this if you intend to become a licensed contractor.

I doubt the state of California is much different. These laws are in place to not only protect the owner but the workers as well. You can not pay someone in your name as an independent contractor if you are not licensed.

Sounds like he knew he put you in that position and i would go to the permitting office and explain what happened before he sets you up for failure which it sounds like he has done with proof that he payed you and you payed someone else.
There ya go Big Shoe.:thumbup:
 
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