Menu
Home>Levelset Community>Legal Help>Can a contractor work outside his/her classification?

Can a contractor work outside his/her classification?

CaliforniaLicenses

Is a California contractor working completely outside the specialty (class C) license, considered an unlicensed contractor, example, a concrete contractor building arbors and sheds?

4 replies

Jul 17, 2020
Business & Professions Code section 7059, subd. (a) permits a specialty contractor to take and execute "a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he or she is licensed, is incidental and supplemental to the performance of the work in the craft for which the specialty contractor is licensed." "Incidental and supplemental" means essential to accomplish the work for which the contractor is licensed. (16 Cal. Code Regs. § 831.) A contractor acting outside its license classification is subject to discipline by the CSLB. "A concrete contractor forms, pours, places, finishes and installs specified mass, pavement, flat and other concrete work; and places and sets screeds for pavements or flatwork." 16 Cal. Code Regs. § 832.08.) So there's a good chance that a concrete contractor building arbors and sheds would be considered to be acting outside its license classification.
5 people found this helpful
Helpful
Jul 17, 2020
Unless a contractor holds a “B” general contractor’s license, they can’t perform more than one trade. A subcontractor is allowed to do work outside their trade if that work is “incidental” to the work they’re doing which is in their classification.
2 people found this helpful
Helpful
Jul 18, 2020
So, would the contractor working outside the "C" classification (not incidental work) be considered unlicensed and be disgorged under B&P 7031?
0
Report Spam
Jul 20, 2020

Was all the work done outside the "C" classification? If so then it appears under B&P 7031 that the contractor would be unlicensed. I'm not aware of any case law expressly holding that a specialty contractor is "unlicensed" and entitled to no compensation if they perform some work within their classification and some work outside of their classification. However, the statute requires the contractor to prove they were licensed with the correct classification, which the contractor would not be able to do for all of the work. It appears there is a good chance that a court would find a contractor working outside their classification is unlicensed and subject to disgorgement at least for the portion of the work that is outside of their classification.

5 people found this helpful
Helpful