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Important Changes to California Construction Forms Beginning on July 1, 2012: The Impact of 2010 Senate Bill 189 by William L. Porter, Esq.
"Signed into law in 2010, Senate Bill 189, reorganized and renumbered all those California Civil Code provisions dealing with such familiar construction claim remedies as the Mechanics Lien, Stop Notice and Bond Claim. While this effort greatly simplified the legal rules and made them easier to follow, there are a number of important substantive changes to these laws. These changes include new definitions, new rules and new procedures found in new Civil Code
Sections 8000 to 9566. These changes also mean that new forms will be necessary ."
"Beginning on July 1, 2012, the following forms must be discarded and new forms used: The "Preliminary 20 Day Notice" (both public and private), the four "Conditional" and "Unconditional" Releases on "Progress Payment" and "Final Payment", the "Mechanics Lien", the "Release of Mechanics Lien", the "Stop Notice", "Release of Stop Notice" and "Notice of Completion". There are other forms which have also changed, but the above forms include the most important changes."
Click HERE for PDF versions of the forms referenced plus others that you use on a regular basis.
Contractors, workers and consumers - it's time to STOP supporting the Underground Economy.
**Contractors: Report unlicensed contractors to Tom Cunningham, Enforcement Officer for the CSLB/Northern Counties. Here is his phone #: 530-712-1358. Click here for the CSLB Report Unlicensed Activity web site. Report wage/labor law violations to the Dept of Industrial Relations. Reports can be anonymous. The Construction Enforcement Coalition, with leadership from CALPASC, is also helping report. Click here to go to the Level the Playing Field page.
** Consumers, the dollar you save will cost you thousand$$$$. Unlicensed contractors don't pay taxes, don't pay workers comp, don't have liabilty insurance and aren't getting a permit. That's why their bid is lower than the legal contractor. They get hurt, it's your problem. They do a lousy job, it's your problem. They take your money, it's your problem. Use a licensed contractor and support the local above-ground economy! www.cslb.ca.gov
** Workers - taking cash under the table doesn't count toward unemployment, social security or work experience. Get hurt? Too bad! Get cheated? Too bad! By working underground you give up all your rights. Demand legal employment - don't take underground cash pay. Turn 'em in - file a Field Enforcement Claim. Click here for info and mail it to to 1031 Howe Street #100, Sacramento, 95825.
|Public Works: Prevailing Wages, Apprentices, LCP||Top of Page|
Department of Industrial Relations (DIR) Compliance Monitoring Unit (CMU). Signed into law by the Legislature, the CMU is created to improve adherance to Public Work Labor Law. Has been on hold for regulatory reasons but is expected to get rolling January 2012. Electronic payroll, on-site inspections, faster response to wage challenges, and more. Find out more at www.dir.ca.gov/dlse/cmu/cmu.html
Off Site Fabrication: Russ Will Mechanical decision reversed on appeal. For now, the state will interpret prevailing wage law consistent with federal prevailing wage law. Read the decision, click here
Public Works Toolkit for Awarding Agencies, Contractors and Reference. START HERE! Even if you think you know, double check. "Building Compliance and Community Alliance" Click here
Official Division of Labor Standards Enforcement Public Works Enforcement Manual. 115 pages of spellbinding prose! Click here
Apprentices on Public Works - OVERVIEW. Includes new rules for Apprentice dispatch. You must call all programs - whether union or merit shop - 72 hours before the apprentice is needed. New 11/2011: Dispatch requests have to be for 8 hour time periods -- no more requests for 1 or 2 hours a day. Learn more: www.dir.ca.gov/das/PublicWorksForms.htm Division of Labor Standards Enforcement - Public Works main page. Click here
** See who got busted: penalties, judgements and debarments. Click here and scroll to bottom of page **
CA Prevailing wage determinations (Journeymen) Click here
(for older prevailing wages, click " Superseded prevailing wage determinations")
CA Prevailing wage determinations (Residential) Click here
Apprentice wage sheets for public works Click here
Compliance Monitoring Unit www.dir.ca.gov/DLSE/cmu/cmu.html
Certified payroll Click here
Public Works Coverage Determinations Click here
Forms for Public Works: DAS 140, CAC 2, DAS 10 & Contractor Requirements: Click here
FEDERAL Prevailing Wage - Davis Bacon Act. General info: Click here
|Diesel Engine Regulation Information Center: ||Top of Page|
Off Road In-Use Construction Equipment - stay current on the latest revisions. Sign up for email updates (click here) and/or see the Off Road web site.
Diesel TRUCKS - stay current: www.arb.ca.gov/enf/diesel.htm
Construction Industry Air Quality Coalition (CIAQC) Working on behalf of the construction industry for balance in heavy equipment engine regulations. www.ciaqc.com
California Construction Trucking Assoc - Actively working to put flexibility and reason into CARB's regulations. www.calcontrk.org
ON Road Diesel Equipment regulations page on the CARB web site. Click here
Portable Diesel Equipment (PERP) regulations page on the CARB web site. Click here
Get on the ARB's email list of regulation updates: www.arb.ca.gov/listserv
Butte County Air Quality District (Portable Diesel Engine Regulations): www.bcaqmd.org
Feather River Air Quality District (Portable Diesel Engine Regulations): www.fraqmd.org
|Construction Business, General Business, Employer Resources||Top of Page|
Construction Business Resources
WOMEN-OWNED SMALL BUSINESSES - check out the opportunities through the Federal Government: www.sba.gov/content/contracting-opportunities-women-owned-small-businesses
Contractor License Service - Capitol Services: www.cutredtape.com
Construction Forms - Builders Book, Inc.: www.buildersbook.com
Construction Code Books - International Code Council: www.iccsafe.org
General Business and Employer Resources
NEW I-9 - required for use effective May 2013. Click here to download form from www.uscis.gov.
California EDD info on New Hire Reporting: www.edd.ca.gov/payroll_taxes/new_hire_reporting.htm
California Small Business & DVBE Certification and Procurement Services: www.dgs.ca.gov
Federal Business Resources: www.fedbizopps.gov
Human Resource Law from California Chamber: www.hrcalifornia.com
Required Workplace Postings for all Employers: www.dir.ca.gov/wpnodb.html
Notice to Employee required for all New Hires as of 1/1/2012 - click here for template.
California Department of Labor - Labor rules: www.dir.ca.gov/DLSE/dlse.html
California Employment Development Department - employment rules, employer taxes, forms: www.edd.ca.gov
Workers Compensation Insurance - check out State Fund! www.statefundca.com
***Dual Wage info for Work Comp reporting - show in and out time for meals and more to qualify for high-wage/low comp rates: A list of the dual wage
construction classifications is shown in the Publications and Filings
> Classification Information
section of the WCIRB website (www.wcirb.com). A full list
of classifications can be found in Part 3 of the USRP.
For More Information
WCIRB Bulletin 2012-23
Standard Policyholder Notices - Audit Requirements for Dual Wage
Construction or Erection Classifications
Looking to hire? Use the resources at your local One Stop to find trained workers, get help with hiring practices, or arrange interviews. Give them a call! Click on the County to link to the One Stop in your county:
BUTTE COLUSA PLUMAS SUTTER YUBA
Lorman Educational Resources - get 10% off as a VCE member. On the spot information on Public Works, Liens, you-name-it. Click here
Yuba College Small Business Development Center
Butte College Small Business Development Center
The Training Place, Butte College (Good, inexpensive employee training)
S.C.O.R.E. (Business Plans and search for local free help)
Codes / Legal Stuff
California law consists of 29 codes covering various subjects, the State Constitution and Statutes. These include Public Contract Code, Business and Professions Code, Health and Safety Code, etc. Look up the code you need at www.leginfo.ca.gov
Federal EPA Regulations on lead-based paint Renovation, Repair and Painting requirements: Beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. This pretty much applies to all residential general contractors and many trades. Fining contractors is like shooting fish in a barrel. The database of certified contractors/companies is public.
Find out about the Lead-Paint regulation at the Federal EPA website: http://epa.gov/lead/pubs/renovation.htm
California Deparment of Public Health regulations for contractors in regard to lead-based paint abatement and testing:
Childhool Lead Poisoning Prevention www.cdph.ca.gov/programs/CLPPB/Pages/default.aspx
California Lead Related Construction Program www.cdph.ca.gov/
Thinking about doing construction work outside of California? Here are links to the Contractor's Licensing Agencies for other states. Check it out!
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