Professional Documents
Culture Documents
I want to wish all my readers a Happy and Prosperous 2010. This last year
has been a rough one for the construction industry. As we look forward to
this New Year, let us hope that the perceived economic turn-a-round is real
and the potential for recovery realized in the marketplace…
A: This exam waiver is only available to contractors whose license has been active and in good
standing for 5 of the prior 7 years. Unfortunately your license was only issued a few years ago so
you will be required to sit for the license exams.
Q: I have an “A” and a “B” license. I often bid on public work projects and do not list any
electrical subcontractor since I intend on self-performing the “C-10” work. Losing bidders often
challenge or protest the award on the basis that my bid is non-responsive because a licensed
electrical subcontractor is not listed. They sometimes reference the requirement that my
electricians must be certified. Do you have any literature / decisions from the CSLB showing
that the holder of an “A” or “B” license can properly perform this specialty work?
A: Unsuccessful bidders have the right to make any claim they want even if it has no merit. They
likely feel they have nothing to lose. I contacted the CSLB and they do not have any “decision”
regarding this issue but did confirm what we discussed.
A General Building (“B”) contractor as defined in B&P Code 7057 can “DO OR SUPERINTEND
THE WHOLE OR ANY PART” of a project including the electrical trade as long as the project uses
at least two or more unrelated trades or crafts. General Engineering (“A”) contractors can self
perform all or any part of an “A” project including the electrical portion. The issue of electricians
being certified is only applicable to “C-10” contractors. General contractors using their own
employees do not fall within this Apprenticeship standard.
Q: Where do I need to list my license number? I know most advertising requires it. Can you
tell me if there’s a law I can look up that would answer my question?
A: Code Section 7030.5 states that “Every person licensed … shall include his license number in:
(a) all construction contracts; (b) subcontracts and call for bids; and (c) all forms of advertising as
prescribed by the registrar of contractors”. If in doubt, list your license number. You can’t go
wrong by doing so but could run afoul of the law by leaving it off. You worked hard to get this
license it’s an accomplishment you can be proud to share.
Knowledge is power. Knowing where to go for the answers is half the battle. Get expert assistance
immediately when you call 916-443-0657, email info@cutredtape.com, fax (916) 443-1908, or write
me at Capitol Services, Inc., 1225 8th St. Ste. 580, Sacramento, CA 95814.
ARBITRATION
(Part Two)
By Sam K. Abdulaziz
Abdulaziz, Grossbart & Rudman
This month we will be discussing in detail, the California laws for correcting, confirming or vacating an award. Last month we discussed the
Federal arbitration procedures in more detail. The following are portions of the California law dealing with arbitration awards.
Code of Civil Procedure section 1285.8 states: “A petition to correct or vacate an award, or a response requesting such relief, shall set forth the
grounds on which the request for such relief is based.”
Code of Civil Procedure section 1286.2 states in part “…the court shall vacate the award if the court determines any of the following:
(1) The award was procured by corruption, fraud or other undue means.
(2) There was corruption in any of the arbitrators.
(3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator.
(4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the
controversy submitted.
(5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause
being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators
contrary to the provisions of this title.
(6) An arbitrator making the award either: (A) failed to disclose within the time required for disclosure a ground for disqualification of
which the arbitrator was then aware; or (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of
timely demand to disqualify himself or herself as required by that provision. However, this subdivision does not apply to arbitration proceedings
conducted under a collective bargaining agreement between employers and employees or between their respective representatives.
(b) Petitions to vacate an arbitration award pursuant to Section 1285 are subject to the provisions of Section 128.7.
1286.4. The court may not vacate an award unless:
(a) A petition or response requesting that the award be vacated has been duly served and filed; or
(b) A petition or response requesting that the award be corrected has been duly served and filed and;
(1) All petitioners and respondents are before the court; or
(2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to vacate the award
or that the court on its own motion has determined to vacate the award and all petitioners and respondents have been given an opportunity to
show why the award should not be vacated.
1286.6. Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as
corrected if the court determines that:
(a) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in
the award;
(b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits of the decision upon the
controversy submitted; or
(c) The award is imperfect in a matter of form, not affecting the merits of the controversy.
1286.8. The court may not correct an award unless:
(a) A petition or response requesting that the award be corrected has been duly served and filed; or
(b) A petition or response requesting that the award be vacated has been duly served and filed and:
(1) All petitioners and respondents are before the court; or
(2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to correct the award
or that the court on its own motion has determined to correct the award and all petitioners and respondents have been given an opportunity to
show why the award should not be corrected.
1287. If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in
subdivision (d) or (e) of Section 1286.2, the court with the consent of the parties to the court proceeding may order a rehearing before the original
arbitrators.
If the arbitration agreement requires that the award be made within a specified period of time, the rehearing may nevertheless be held and the
award made within an equal period of time beginning with the date of the order for rehearing but only if the court determines that the purpose of
the time limit agreed upon by the parties to the arbitration agreement will not be frustrated by the application of this provision.
1287.2. The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such
person was not bound by the arbitration award and was not a party to the arbitration.
1287.4. If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as,
and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced
like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification.
1287.6. An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the
arbitration.
Attorney Sam Abdulaziz of Abdulaziz, Grossbart & Rudman has been practicing construction law for over 30 years. He has written a book called “California
Construction Law” which is updated annually. He represents numerous construction trade associations and contractors. He appears at Contractors State License
Board meetings and has argued a number of cases before the appellate courts, including the California Supreme Court dealing with the "Pay-If-Paid Clause." Abdulaziz,
Grossbart & Rudman provides this information as a service to its friends & clients. The documents are of a general nature and are intended to highlight areas of
the subject matter and should not be used as a substitute for legal advice. It is intended to highlight the areas being discussed. This document does not create
an attorney-client relationship, or protect any confidential information until a written agreement is signed. You should seek the aid and advice of a competent
attorney, accountant and/or other professional instead of relying on the presentation and/or documents. Sam Abdulaziz can be reached at Abdulaziz, Grossbart
& Rudman, P.O. Box 15458, North Hollywood, CA 91615-5458; (818) 760-2000, Facsimile (818) 760-3908; or by E-Mail at info@agrlaw.net .
On the Internet, visit our Website at www.agrlaw.net
Nevada County Contractors' Accociation
PLANS ON FILE 12/28/2009
Tel: 530-265-6938
Hardwood, Tile & Stone Center Fax: 530-265-3647
Since 1984
24-Hour Monitored
Burglar & Fire Alarms
CL558591 272-4646 ACO 03082
Nevada County Contractors' Association, Inc. Plans On File 12/28/2009
NEW! UTILITIES DEPT. ANNUAL TRENCH REPAIR ASPHALT NEW! CINEMARKS MOVIES 10 + 4
PAVING RESTORATION Bid Date: 1/13/2010 2:00 PM # OF ADDENDA: 0
Owner: City of Folsom- Utilities Dept 916-351-3528 Location: Redding Plan # 87244
Bid Date: 1/12/2010 10:00 AM # OF ADDENDA: 0 Engineers Estimate:
Location: Folsom Plan # 87243 Scope: GC requesting Sub Bids: Remodel/addition to an existing movie
Engineers Estimate: theater.
Trades Involved:
Scope: Contact: Marcus Yasutake 916-351-3528. City of Folsom Utilities Construction staking, erosion control, grading/paving, underground
Department is seeking bids for a 24-month (two-year) contract for the utilities, testing/special inspections, striping/signage, demolition, termite
Utilities Department Annual Trench Repair Asphalt Paving Restoration control, concrete, rebar, masonry, steel/misc. metals, rough carpentry,
needs. The City expects to have approx. seven-hundred (700) tons of finish carpentry/millwork, metal studs/drywall, waterproofing, insulation,
paving needs during the two-year contract period. This number is an EIFS, roofing, sheetmetal flashings, doors/frames/hardware, storefront,
estimate based on past needs & subject to change. Initially, the City will accordion fire doors, ceramic tile, acoustical ceilings, flooring,
require approx. one-hundred & thirty (130) tons to be complete for the first painting/wallcovering, FRP, toilet accessories/partitions, elevators, HVAC,
work order. Each subsequent work order will consist of approx. twenty (20) fire sprinklers, plumbing, Electrical.
tons of asphalt concrete replacement, which equates to approx. fifteen
(15) sites. Direct all calls to Hearn Construction: Krystall Neil 707-446-3761
NEW! CVS PHARMACY 09691
Owner: Construction Developers, Inc. 559-277-4700
Thursday, January 14, 2010
Bid Date: 1/12/2010 2:00 PM # OF ADDENDA: 0
CITY OF LINCOLN BUS PARKING FACILITY
Owner: City of Lincoln 916-434-2450
Location: Marysville Plan # 87249
Engineers Estimate: Bid Date: 1/14/2010 3:00 PM # OF ADDENDA: 3
Scope: Contact: Construction Developers: Chad Story email, cstory@cdi- Location: Lincoln Plan # 87112
ca.com or Boyd Allen email, ballen@cdi-ca.com. **ALL CONTACT Prebid: MAND 11/19 @ 11 am
REGARDING THIS PROJECT SHALL BE WITH CONSTRUCTION Engineers Estimate: $450000 to $450000
DEVELOPERS, INC.. DO NOT CONTACT THE DEVELOPER,
Scope: Clearing and grubbing, grading and paving, taper grinds at
ARCHITECT, OR ANY OF ITS CONSULTANTS. DOING SO WILL
conforms, new underground electrical conduits and storm drain facilities,
RESULTS IN AUTOMATIC DISQUALIFICATION FROM BIDDING THIS,
new striping and pavement marking, chain link fencing, automated sliding
AND ANY FUTURE CVS PROJECTS.** Requesting All Trades. For the
gates, security card swipe sensors, foundations and superstructure for bus
building pad, the cost of the over excavation should be included as well as
port covering, finished roofing and architectural details, (downspouts and
the curb around the building even though these items show as existing.
gutters), lighting and security camera system. Pre Bid info: Ray Leftwitch
Please included this cost separately on your proposal.
916-434-2457
MAC
131 Mill Street
1106
Grass Valley, CA 95945
Wells of California
Insurance Services, Inc. Voice 14 Fax
CA 800.562.9577 Other Fax
Nevada County Contractors' Association, Inc. Plans On File 12/28/2009
Stocking Distributor of
Quality Redwood produced by Agwood
NCCA NCCA
SCL #283702
SCL #283702 Dave Molitor
Dave Molitor Todd Molitor Kent Molitor
Kent Molitor (530) 432-3316
Todd Molitor (530) 432-3316
“WE DELIVER”
www.cmesrvcs.com
____________________________________________________________________
273-7968
Regulator, pigtail, up to 50’ underground line & first year’s tank rental included.
amerigas.com
From 12/13/09- 12/19/09 MECHANICS LIENS
OPEN
8:30-5:00
M-F
12528 L5
www.GrassValleySign.com
12/13/09- 12/19/09 NOTICE OF COMPLETION
DMCE
Inc.
General, Concrete & Engineering Contractors
Commercial & Residential Concrete
Since 1980
Foundations • New driveways • Sidewalks • Large slabs
City curb, gutter & sidewalks • Cast in place walls
Tilt-Up construction • Concrete paving & curbs
DECORATIVE TEXTURED FLATWORK
(530) 272-2708
12002 Charles Dr., Grass Valley • www.dmceinc.com
SCL# 621862
273-3100
OPEN 7 DAYS
• Aerial Lifts
• Pressure Washers
Full Service Rental • Chippers
• Rototillers
and Supply Yard for • Weed Eaters
Contractors, • Dethatchers
Homeowners and • Trenchers
• Backhoes • Tractors
Businesses • Much More
EQUIPMENT SALES
Committed to Providing Quality Products
and Service Since 1953
Company Name:
Contact Person:
Phone: Fax:
Attendee:
Attendee:
Fax back to (530) 274-3373
For more information contact Rhonda at (530) 274-1919 ncoffice@pacbell.net
FOR SALE:
License # 310626
• Group Savings
6 percent discount off your workers’ compensation
insurance policy.
Ad
C ard ls
ess ixe
u s i n 16 3 p
# 3 B 52 x
2 * Not available on the
Membership Directory page
http://onlineplanservice.com
Company Name:
Contact Person:
Phone: Fax:
Attendee:
Attendee:
Fax back to (530) 274-3373
For more information contact Rhonda at (530) 274-1919 ncoffice@pacbell.net
Government Contracting
Made Simple
with Government Contract PRO
Company Name:
Contact Person:
Phone: Fax:
Attendee:
Attendee:
Every employer has a legal obligation to establish an effective Injury and Illness
Prevention Program to promote health and safety in the workplace. Complying with
safe and healthful work practices includes first aid kits easily accessible to each
work area, and training of at least one employee on each shift currently qualified
to render first aid.
Participants learn to prevent, prepare and respond to workplace emergencies:
When: Tuesday, January 19, 2010 – 5:00 P.M. to 8:30 P.M. (Part 1)
Wednesday, January 20, 2010 – 5:00 P.M. to 8:30 P.M. (Part 2)
Fill out, check a date box, and then Fax this form back to (530) 274-3373 or Email to
ncoffice@pacbell.net
Company Name:
Contact Person:
Phone: Fax:
Attendee: *Date Certification Expires:
Attendee: *Date Certification Expires:
For more information contact Rhonda at the NCCA Office (530) 274-1919
Year End Checklist
The end of the year is fast approaching, as it always seems to! Just thinking about wrapping up
the end of the year bookkeeping can feel overwhelming. Reviewing your yearend tasks now,
and getting a head start on some can help you feel more relaxed and in control. Here are a few
things you can get started on before the end of the year:
1. Preferably the last day of the year – conduct a physical inventory and make any adjustments into your
accounting system.
2. Review your 1099 vendor information to make sure it is complete. In QuickBooks, run the report called 1099
summary under Reports – Vendors and Payables. If you want to make sure you haven’t forgotten to assign a
vendor as a 1099 vendor, try this: At the top of the 1099 summary report you will see 1099 Options, from the
drop down menu choose all vendors and review the report. If you forgot to mark a vendor as a 1099 vendor
upon set up, now you can go back and make the correction in the vendor record.
3. Review your Receivables to be sure there are no payments that are not applied to invoices by running the
report under Customers and Receivables called: Open Invoices. Post any unapplied payments through the
Received payments feature in QuickBooks. (For more information see my QuickBooks Corner article “Resolving
Unapplied payments and the significance” at www.nevadacountybiz.com.
4. Clean up your Accounts Payable as well. Run the report under Vendors and Payables called Unpaid bills detail
and resolve any incorrect credits or outstanding bills.
After the end of the year:
5. If you file your taxes on an accrual basis, be sure to accrue any expenses that belong in 2009 by entering bills
for them and any accrued payroll expenses by making a Journal Entry. Tip – Use the Reverse button on a
Journal Entry to easily create reversing entries. Also be sure to invoice your customers for income Earned in
2009.
6. Check with your accountant, but it may be appropriate to accrue Work In Progress Income or Expenses at the
end of the year by creating a Journal Entry.
7. Carefully review your Balance Sheet report for things like Customer Deposits and be sure they are correct.
8. Reconcile all of your bank and credit card accounts.
9. Reconcile your loan accounts and make sure all accrued interest has been recorded appropriately and that
your accounting Loan Balance matches your actual Loan Balance.
10. Update your Unemployment rate if it has changed. Sometime in December you will have received a letter
from them with your new rate for 2010.
11. Run your Yearend Profit and Loss and Balance Sheet and review carefully. When you are ready to file your
taxes, it’s a good idea to set a closing date password in QuickBooks to ensure that you don’t accidentally make
any prior year entries into QuickBooks – you can still go back and make necessary entries with the password.
12. If you do payroll, be sure to run your DE6‐DE7, 940, 941, W‐2 and W‐3’s by the end of January.
Tip: QuickBooks 2009 and Newer, Accountant Edition, includes a feature under the Accountant menu called Client
Data Review which is very helpful in making year end review and adjustments. If you have QuickBooks for
Contractors Premier Edition, you can actually re‐install as QuickBooks Accountant Edition and still have access to
the Contractor Edition reports.
The end of the year is also a good time to review your Budget and Business Plan. Every business should have
both, no matter how long they have been established. Business Matters offers Financial Evaluation,
Projection, Business Planning and Budget Planning assistance.
Penny Lane Crull
www.nevadacountybiz.com
Business Matters Partners, Inc.
230 Colfax Ave, Ste D
Grass Valley, CA 95945
Penny Lane Crull is a certified QuickBooks™ Pro advisor and specializes in Construction accounting in QuickBooks™ as
well as other compliance issues. Business Matters offers QuickBooks™ consulting, training and support plans, new
company set‐up, Point‐of‐Sale, Payroll and Bookkeeping Services. Order Intuit Products, Including checks at a
discount on our web site: www.nevadacountybiz.com.
QuickBooks™ is a registered trademark of Intuit
DCBCONCRETE.COM
MANDATORY CHANGES MEAN NEW POSTERS MUST BE DISPLAYED FOR 2010
Mandatory changes have been made to several of the notices California employers are required to display to explain
workers’ rights to employees.
• EEOC Poster. The November 2009 update contains the Americans with Disabilities Act Amendments Act of
2008 and the Genetic Information Nondiscrimination Act of 2008. The revised poster also includes updates from
the U.S. Department of Labor.
• Safety and Health Notice. The changes to this poster include updated contact information.
• Federal Minimum Wage Notice. The poster was revised in July 2009 and the new poster reflects changes in
the penalties for violations of child labor laws.
• Family Medical Leave Act (FMLA). The FMLA poster was revised in January 2009 to reflect the
amendments to family and medical leave.
The following pamphlets have changed for 2010:
New Construction
Tenant Improvements
Restaurants & School Facilities
Office Buildings & Retail Stores
Medical/Dental Offices
Service Conversions
CAD Design Build Capability
Maintenance & Repairs
PO Box 293464
Sacramento, CA
530-274-9566 Tel.
916-386-1359 fax
guzmancad@sbcglobal.net
License # 653669
Weekly Safety Meeting
Company: _______________________________ Job Name: ___________________ Date: _____________
First Aid
Courtesy of the State Compensation Insurance Fund
What would happen today, if there was an accident including a variety of dressings and instruments,
at your workplace? Would employees and as well as an up-to-date first aid manual, should
management know what to do? Would the injured be stored where they can be reached quickly and
person get the best possible care? easily in case of an accident. These supplies
should be inspected frequently, making sure they
When an accident happens, a first aid program that are kept in sanitary and usable condition and re-
meets the requirements of the law and is tailored to stocked after use. Larger workplaces may need
the type and size of the workplace can literally more than one, fully-equipped first aid kit.
make the difference between life and death, or
between recovery and permanent disablement. In isolated work sites, emergency supplies and an
action plan are especially important. At least one
Employers should insure that all employees know person trained in emergency first aid should
where emergency information is posted at the work always be on-site. If first aid is not given properly,
site. The emergency notice should state the phone it can sometimes hurt rather than help an injured
numbers of the closest ambulance service, or ill person, or even be harmful to the person
fire/rescue unit, police station, and hospital. The giving the first aid. All workers should know who
amount of time it takes to look up one of these on-site is trained to give first aid, where the
important numbers can make a big difference to a emergency first aid equipment is located, and
seriously injured person. The location of first aid what medical professional or medical facility
equipment and rescue equipment, should also be should be contacted if a medical emergency
posted prominently. should occur.
All work sites should have a person with first aid or
medical training readily available in case of an
emergency. First aid equipment and supplies,
______________________________________________________________________________________________________
______________________________________________________________________________________________________
_________________________________________________ ________________________________________________
_________________________________________________ ________________________________________________
_________________________________________________ ________________________________________________
_________________________________________________ ________________________________________________