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(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)
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Information
about Commercial General Liability Insurance
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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.
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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.
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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?
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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.
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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?
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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)
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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.
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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)
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Check
Out Your Contractor
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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.
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Did
you get at least 3 local references from the contractors
you are considering?
Did
you call them?
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Building
Permits - will the contractor get a permit before
the work starts?
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Check
Out the Contract
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Did
you read and do you understand your contract?
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Does the 3-day right to cancel a contract apply to
you?
Contact
the CSLB if you don't know.
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Does
the contract tell you when work will start and end?
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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.
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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.
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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.
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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.
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Did
you know changes or additions to your contract must
be in writing?
Putting
changes in writing reduces the possibility of a later
dispute.
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FORM
D
Checklist for Home Improvement Contracts with Swimming Pools
18 California Code of Regulations §872.1 (c)
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Check
Out Your Contractor
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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.
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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.
|
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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.
©2002 Howrey LLP
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