Law & Business · Module 1
Legal Compliance, Advertising and CSLB Enforcement
How CSLB enforces the Contractors State License Law and what keeps your license clean. You will learn the advertising rules and where your license number must appear, the main causes for discipline, how citations, suspensions, probation and revocations work (with the current civil penalty ranges), the deadlines for complaints, the criminal and civil consequences of unlicensed contracting, and a compliance recap of the home improvement contract and cancellation rules, including the seven day disaster rule and the emergency repair waiver.
Key Takeaways
- Your license number must appear on all construction contracts, subcontracts and calls for bid, and all forms of advertising, including vehicle lettering, signs, cards and electronic ads (B&P 7030.5; 16 CCR 861).
- Advertising for work in a classification you do not hold is a misdemeanor with a $700 to $1,000 fine on top of other punishment (B&P 7027.1). Mentioning your license bond in advertising is a ground for suspension (B&P 7071.13).
- Unlicensed contracting is a misdemeanor: up to $5,000 and 6 months in county jail for a first conviction, with larger mandatory penalties for repeat convictions (B&P 7028).
- An unlicensed contractor cannot sue to collect, and the customer can sue to recover all compensation paid (B&P 7031). CSLB can cite an unlicensed person with a civil penalty of $1,500 to $15,000 (B&P 7028.7).
- CSLB citations to licensees carry civil penalties of $500 to $8,000, or $1,500 to $30,000 for violations of B&P 7110, 7114 or 7118 (B&P 7099.2).
- Causes for discipline include abandonment, diversion of funds, willful departure from trade standards or plans, willful building law violations, aiding unlicensed persons, contracting with unlicensed contractors, and failing to pay for materials or services (B&P 7107 to 7120).
- After revocation, a license cannot be reinstated or reissued for a minimum of one year and a maximum of five years (B&P 7102).
- Complaints about patent defects must be filed with CSLB within four years; latent structural defects within 10 years (B&P 7091).
- Home improvement buyers can cancel until midnight of the third business day after receiving a signed and dated copy (fifth if 65 or older, seventh for disaster repairs); a buyer can waive it only for a buyer-initiated emergency repair with a signed separate statement (Civil Code 1689.6, 1689.13).
Why This Matters
CSLB's Law and Business study guide lists "Advertising and subcontracting" under Business Organization and Licensing, and CSLB is the agency that investigates complaints and disciplines licensees. This lesson ties together the compliance rules that most often reach a license: advertising, unlicensed activity, the causes for discipline, and the home improvement contract rules.
Advertising Rules
- License number everywhere it counts. Every licensee must include the license number in all construction contracts, subcontracts and calls for bid, and all forms of advertising as prescribed by the registrar (B&P 7030.5).
- What counts as advertising. CSLB's regulation defines it to include, but not be limited to, any card, contract proposal, sign, billboard, lettering on vehicles, brochure, pamphlet, circular, newspaper, magazine, airwave or any electronic transmission, and any directory listing under "Contractor" or similar words requesting work that needs a license (16 CCR 861). A website or social media ad is an electronic transmission.
- Advertise only what you hold. It is a misdemeanor to advertise for work covered by the license law unless you hold a valid license in the classification advertised; the fine is $700 to $1,000, in addition to any other punishment (B&P 7027.1). A C-36 contractor should not advertise electrical or HVAC work it is not licensed for.
- Do not advertise your bond. Any reference to your required license bond in advertising or solicitation is a ground for suspension (B&P 7071.13).
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