Kalb's Q & A For California Contractors
David Kalb -- California Builder and Engineer, 11/3/2008
Was it Mom or perhaps the bureaucracy that wants, 'a place for everything and everything in its place?' Both, right? A contractor's license application is no exception to that rule. Both a family of contractors and a 'former' one will learn that sometimes what looks easy is harder than you might think …
Q: My father in-law would like to add my husband to his contractor's license and also allow my husband to replace him on the license when he retires. Can you please tell us the easiest way to go about this?
A: If your father-in-law has a corporation license, it will be very easy to add your husband. All he needs to do is complete an Application to Report Current Officers. There is no fee for this. Shortly before your father-in-law retires, your husband can complete an application for replacing the qualifying individual. He will need to document at least four years of experience within the past 10 and pass the required law and trade exams.
If your father-in-law has a sole owner or partnership license, the only way to “add” your husband is to apply for a new license.
Q: My license was revoked a number of years ago. I was dealing with a divorce and did not respond to the issues raised by the CSLB. Is there anything I can do now to appeal this decision and get my license back? I have a job as a project manager but want to begin doing my own building.
A: Unfortunately, once a license is revoked you have less than a month to appeal the Registrar's decision. Once it becomes final, there is nothing you can do. To re-apply for your license, you need to first find out what conditions the CSLB has set. Depending on the reason(s) behind the revocation, these may include restitution, payment of a citation and (certainly) posting a disciplinary bond. I suggest writing a letter to the CSLB asking point blank “What do I need to do to get my contractors license back?”
As an aside, you may wish to consult with an attorney, to determine if B&P Code section 7121.6 applies to your employment as a project manager. As of January 1, 2007, the CSLB has restricted the activities for those with revoked licenses.
Q: I recently purchased a company, and the previous owner holds the license in his name. I have over four years in this career. Can I replace the qualifier on the license, since I now run this company?
A: Under some circumstances – with four years of experience at a journeyman level or above – you can apply to replace the present qualifier. However, if the company you purchased is a sole owner license “in his name,” then you will need to apply for a new license in your (or your company's) name. Further, if you bought a corporation as an asset (rather than stock) purchase, you'll need to apply for a new license and cannot assume the previous owner's license number.
As indicated, there are many variables when purchasing an existing company.
Q: We intend on submitting a license application for our new entity, and would like to name the “old” company qualifier as the RME. Will doing so effectively terminate our current license, or can one qualifier serve in the same capacity for two different entities?
A: Listing the same person as qualifier on two different licenses simultaneously is reviewed by the CSLB on a case-by-case basis. Sometimes they allow this while other times they say no depending on a number of different factors, including what code sections may apply. You can list the “old” qualifier on the new application with the provision that he will only be removed from the current license upon issuance of the new license. In this way, the qualifier will only be on one license at a time.



















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