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Previous Issues

Construction Industry News

New Regulations Require Insurance Information with California Home Improvement Bids, Contracts


February 11, 2002


Back to Industry Newsletters
 

(A version of this article appears in the California Construction Law Reporter, published by the West Group.)


By James E. Acret


Liability Insurance Information Sheets

Effective February 26, 2002, contractors who bid home improvement work must attach to their bids and also attach to their contracts an information sheet prepared by the Contractors State License Board that deals with commercial general liability insurance. (Form A, below) A similar statement must be attached to every contract for construction of a single-family residence. (Form B, below) 16 California Code of Regulations §872.


Homeowner Checklists

Also effective February 26, 2002, every home improvement contract that does not include a swimming pool and every bid for such a home improvement contract must be accompanied by a homeowner checklist devised by the Contractors State License Board. (Form C, below) A different, separate statement must accompany every home improvement contract that includes a swimming pool and every bid for such a home improvement contract. (Form D, below) 16 California Code of Regulations §872.1.


Formatting

Each of the regulations provides: "The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated."


COMMENT

The differences between the forms are trivial. Granted, most homeowners don't know very much about liability insurance or construction contracts or contractor licenses and that they could benefit from increasing their knowledge of those subjects. But, why was it necessary for the board to devise four separate checklists? In order to comply with the new regulation, the contractor bidding a home improvement must sort between home improvement contracts (essentially, remodels), single-family residence contracts (essentially, on-lot houses), home improvement contracts that include swimming pools and home improvement contracts that do not include swimming pools. Having made that determination, the contractor must go to a stock of forms and select the right ones to accompany all bids and contracts. Does this really get the consumer protection bang for the administrative buck?


FORM A
Attachment for Home Improvement Projects
16 California Code of Regulations §872 (a)

Information about Commercial General Liability Insurance

Did your contractor tell you whether he or she carries Commercial General Liability Insurance?

Home improvement contractors are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the bid, if there is one, and the contract.


What does this insurance cover?

Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.


Is this insurance required?

No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?


How can you make sure the contractor is insured?

If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.


What about a contractor who is self-insured?

A self-insured contractor has made a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?

For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).



FORM B
Attachment for Construction of Single-Family Residences
16 California Code of Regulations §872 (b)

Information about Commercial General Liability Insurance

Did your contractor tell you whether he or she carries Commercial General Liability Insurance?

Contractors building single-family residences for owners who intend to occupy the home for at least a year are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the contract.


What does this insurance cover?

Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.


Is this insurance required?

No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?


How can you make sure the contractor is insured?

If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.


What about a contractor who is self-insured?

A self-insured contractor has made a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?

For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).


FORM C
Checklist for Home Improvement Contracts Without Swimming Pools
16 California Code of Regulations §872.1 (a)

Check Out Your Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Contact the CSLB at 1-800-321-CSLB (2752) or visit our web site: www.cslb.ca.gov.


Did you get at least 3 local references from the contractors you are considering?

Did you call them?


Building Permits - will the contractor get a permit before the work starts?


Check Out the Contract

Did you read and do you understand your contract?


Does the 3-day right to cancel a contract apply to you?

Contact the CSLB if you don't know.


Does the contract tell you when work will start and end?


Does the contract include a detailed description of the work to be done, the material to be used, and equipment to be installed?

This description should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.


Are you required to pay a down payment?

If you are, the down payment should never be more than 10% of the contract price or $1,000, whichever is less.


Is there a schedule of payments?

If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions - contact the CSLB to find out what they are.


Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?

Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.


Did you know changes or additions to your contract must be in writing?

Putting changes in writing reduces the possibility of a later dispute.


FORM D
Checklist for Home Improvement Contracts with Swimming Pools
18 California Code of Regulations §872.1 (c)

Check Out Your Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Contact the CSLB at 1-800-321-CSLB (2752) or visit our web site: www.cslb.ca.gov.


Did you get at least 3 local references from the contractors you are considering?

Did you call them?


Building permits - will the contractor get a permit before the work starts?


Check Out the Contract

Did you read and do you understand your contract?


Does the 3-day right to cancel a contract apply to you?

Contact the CSLB if you don't know.


Does the contract tell you when work will start and end?


Does the contract include a complete description of the work to be done, the material that will be used and equipment to be installed?

This description should include a plan and scale drawing showing the shape, size, dimensions and specifications. It should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.


Are you required to pay a down payment?

The down payment for swimming pools should never be more than 2% of the contract price or $200, whichever is less.


Is there a schedule of payments?

If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions - contact the CSLB to find out what they are.


Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?

Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors, or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.


Did you know changes or additions to your contract must all be in writing?

Putting changes in writing reduces the possibility of a later dispute.


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To learn more about Howrey's Construction Practice Group, click here. For more information about books and other legal materials written by James Acret, click here and enter "Acret" in the site search engine. To learn more about topics covered in this article, contact Paul Berning at 415-848-4996 or at paulberning@howrey.com.



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