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California Business Journal

Do You Need a California Contractors Bond to Work?

by Debra Amato, California Business Journal
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Contractor license bonds are formal agreements that guarantee contractors will abide by all state laws and rules as outlined across the California Business & Professions code as well as risk a bond payout, which may result in disciplinary proceedings by the CSLB in addition to a financial loss.

Because they are not bonded, unlicensed contractors may not provide consumers the same degree of financial security. Numerous sting operations are periodically carried out by the California Contractors Licensing Board in an effort to detect and prosecute unlicensed contractors, who are the subject of thousands of complaints each year.

How Do California Contractor License Bonds Operate?

In order to assure that contractors conduct themselves legally and morally, the government of California is given a financial guarantee via contractor licensing bonds. A bond payout could take place if a state law infringement causes financial harm to a contractor’s client.

If, for instance, a contractor received an upfront payment from a client to construct a new kitchen but did not finish the job as specified in the contract, it would be a prime instance of a bond claim. A client might make an assertion against the contractor’s bond in this situation.

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Before paying out on a debt instrument, a surety will look into the claim and determine if it is genuine, often in tandem with an inquiry that the CSLB has started. Contrary to traditional insurance, in the event of a payment, the contractor is liable for paying the security company the bond claim amount plus any associated legal costs.

Contractors were well-advised to speak with and settle problems with clients prior to them becoming bond claims wherever feasible in order to avoid bond claims. Contractors can protect themselves with contractorbond.org representation and advice.

How Much Does a Contractor Bond in California Cost?

Depending on the contractor’s classification, license history, and personal credit, the California Professional License bond can cost anywhere from $99 to $600. If you buy many years at once, discounts are frequently offered.  By doing this, you are able to lock in the cheapest price and avoid having to renew your California Construction License Bond each year and go through the shopping process.

Does California Require a Credit Check for Contractor Bonds?

Because the contractor will ultimately be responsible for paying the surety bond business in the event that any claims are submitted on a bond, surety companies will run a background check as part of the underwriting process. Your credit score will not be impacted by the soft credit check because it is one.

How Does Insurance Differ From a Contractor Bond?

The main distinction between insurance as well as a contractor license bond is that the former protects clients from the wrongdoing of a contractor, whilst insurance shields the latter from unforeseen business-related liability risks. Another significant distinction is that, in order to obtain a license, a contractor must post a licensing bond, although liability insurance is typically not necessary unless the subcontractor is set up as an LLC.

The fact that insurance does not require repayment in the case of damage or harm is another way it varies from a contractor licensing bond. A contractor should ideally have both a bond and insurance.

How Long Is the Validity of a California Contractor’s Bond?

The length of the surety and on how a long time were pre-purchased by the principle, a contractor’s license (https://www.uschamber.com/co/start/startup/how-to-get-contractor-license) bond’s term might range from one year to five. The ability to acquire a license bond with a period of many years is often available to California contractors with strong credit, but those with weak or mediocre credit are typically not given bond durations longer than one year.

What Other Bond Types Are Necessary for Contractors?
Bond of a Qualifying Person

If a license can be obtained by a responsible management employee (RME) or responsibly managing officer (RMO) who does not possess a minimum of 10% of the voting capital of a business, a bond of a qualified individual is necessary.

An RME must not be eligible for an additional license and must work a minimum of 32 hours each week, and 80% of the business’s operating hours, whichever is fewer, as a real employee of the company. A BQI is not necessary for contractors who have licenses that have not been approved through an RMO or RME.

Bond Disciplinary

If a contractor violates state law and has their license revoked, the CSLB may compel them to post a disciplinary bond in order to issue or reinstate their license. In addition to the contractor license bond, this bond is required. The sum varies according to how seriously the contractor violated the contract.

Employee/Worker Bond for LLC

In addition to a licensing bond, California contractors structured as an LLC are required to keep a $100,000 LLC/Employee labor bond in order to remain licensed. The bond guards against the organization’s employees being due unpaid pay and/or benefits.

Copyright © 2023 California Business Journal. All Rights Reserved.

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Debra Amato, California Business Journal

Debra Amato, California Business Journal

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