Legal Question in Construction Law in California

Laws for handymen

Do you have to have a license to be a handyman? Also how much can they earn to be considered as a handyman?


Asked on 5/13/09, 10:22 pm

2 Answers from Attorneys

Thomas W. Newton Tims & Newton

Re: Laws for handymen

It's more about the money than the title. Bus. & Prof. Code Sec 7048 spells it out pretty clearly:

"7048: This chapter does not apply to any work or operation on one undertaking or project by one or more contracts, the aggregate contract price which for labor, materials, and all other items, is less than five hundred dollars ($500), that work or operations being considered of casual, minor, or inconsequential nature.

This exemption does not apply in any case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than five hundred dollars ($500) for the purpose of evasion of this chapter or otherwise.

This exemption does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor or that he or she is qualified to engage in the business of a contractor."

From the above, you can see that any work done where the price exceeds $500.00 requires a license. Unfortunately, $500.00 doesn't go along way in these days - the intent is clearly to "urge" folks in the construction industry to get licensed.

Let me know if you have further questions.

Regards,

Tom Newton

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Answered on 5/14/09, 12:01 pm
David Gibbs The Gibbs Law Firm, APC

Re: Laws for handymen

The rules are pretty basic - you need no occupational license to be a handyman. You are, however, limited to charging no more than $500 for labor and materials on any given job. You cannot break a single job into several, smaller jobs to get around this. Its generally held that if you are doing work for an individual, the sum-total of jobs in a specific time frame should not exceed $500. You may need a City business license - check with your city (or County if in not in a City). The downside to not having a license is that you cannot obtain a lien against a homeowner's property for unpaid work. Your only remedy for failure to pay is to take them to small claims court.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/14/09, 12:21 pm


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