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Penalties for using an illegal construction contract in California:
- Failure to include the disclosures required by Business and Professions Code § 7030, 7159 or 7164 risks discipline by the State License Board.
- Failure to include the disclosures required by Code of Regulations § 872.1 (checklist) or 872.2 (insurance) also risks discipline by the State License Board.
- Omission of the disclosures required by Business & Professions code § 7191 (arbitration) results in loss of the right to compel arbitration.
- Failure to include the disclosures required by Business & Professions Code § 7163 (financing) makes the contract unenforceable.
- Failure to include the disclosures required by Civil Code § 1803.2 (retail installment sale) makes the contract unenforceable.
- Failure to observe requirements of Civil Code § 900 (warranty) results in a mandatory one year warranty.
- Failure to make federal truth-in-lending disclosures requires restitution of the overcharge.
- Failure to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulations § 460 can result in an $11,000 fine.
The contracts linked below will help California contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current California and federal court decisions.
The contracts linked below comply with the following California and federal laws:
- Business and Professions Code § 7030 and 7159 (home improvement contracts)
- Business and Professions Code § 7108.5 (payment of subcontractors)
- Business and Professions Code § 7163 (home improvement financing)
- Business and Professions Code § 7164 (home construction contracts)
- Business and Professions Code § 7191 (arbitration)
- Civil Code § 1559 (rights of third parties)
- Civil Code § 1671 (liquidated damages)
- Civil Code § 1717 (collection of attorney fees)
- Civil Code § 1802 (retail installment contracts)
- Civil Code § 2782 (indemnity and insurance)
- Civil Code § 3260 (payment due dates and retainage)
- Civil Code § 3262 (lien rights)
- Civil Code § 1797.94 (warranty)
- Civil Code Title 7 (warranty)
- Code of Civil Procedure § 337.1 (limitation on claims)
- Code of Civil Procedure § 410.42 (choice of venue)
- Code of Regulations § 872 (checklist and disclosures)
- 15 United States Code § 1638 (truth in lending)
- 16 Code of Federal Regulation § 460 (insulation disclosure)
- 12 Code of Federal Regulations § 226.15 (right of rescission)
Return to Penalties for Illegal Contracts in California.
The contracts linked below conform with current California and federal court decisions.
The contracts linked below comply with the following California and federal court decisions:
- Change orders - Acoustics, Inc. v. Trepte Construction, 14 Cal. App. 3d 887, 1971
- Claims for delay - Hawley v. Orange County Flood Control, 211 Cal. App. 2d 708, 1963
- Disclaimer by owner - E. H. Morrill Co. v. State, 65 Cal. 2d 787, 1967
- Excusable delay - Zurn Engineers v. State Of California, 69 Cal. App. 3d 798, 1977
- Extra work - C. Norman Peterson Co. v. Container Corp. of America, 172 Cal. App. 3d 628, 1985
- Liability for misrepresentation - Warner Construction v. Los Angeles, 2 Cal. 3d 285, 1970
- Pay only when paid - Wm. R. Clarke Corporation v. Safeco, 15 Cal. 4th 882, 1997
- Plan defects - United States v. Spearin, 248 U.S. 132, 1918
- Responsibilities of owner - COAC, Inc. v. Kennedy Engineers, 67 Cal. App. 3d 916, 1977
- Statute of limitations - Capehart v. Heady, 206 Cal. App. 2d 386, 1962, Lewis v. Hopper, 140 Cal. App. 2d 365, 1956
- Warranty - Pollard v. Saxe & Yolles, 12 Cal. 3d 374, 1974
Return to Penalties for Illegal Contracts in California.
Return to construction contract laws in California.
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