Is a correction notice grounds for Termination

[Sierrasparky]

I was just reading a email I got from the State Contractors board.
I know I know why are you reading this. Well I am sitting waiting for a client to come home so I can make some repairs she wishes.

OK. Well I am reading and the report to the Board they are boasting about how many contractors they have busted and how much money they have saved consumers. I read on and see that many are unlicensed contractors. Ok fine. Then i read the reports about how they saved a consumer thousands when the contractor placed a lein. Well the contractor got a correction or a violation for a porta potty. There was not detail but I would guess that the porta potty was placed in the right of way without a permit or it was tipped over and was a health issue. I don't know but most porta potty companies will not place a unit unless done properly. The statement went on that because of this the consumer wanted out of the contract and would not pay the remaing money so the contractor placed a lein. The Board steped in and made the contractor give in. The board appears to boast about it.

Is this reasonable grounds for termination. Like neighborhood kids have never tipped a porta potty before. In area we stake them down and the vandals will still tip them.

Our contractors board will do anything to screw a contractor. All the customer has to do is make a complaint. Many times they do not even go out to the site and check as they have too many complaints to deal with. So they threaten the contractor to make them pay.

gota go my favorite customer just drove up.

 

[__dan]

IANAL, but that sounds like a "condition subsequent", at a later date the porta potty was found to not comply. I forget exactly how it applies to the contract but I would guess it has to be spelled out exactly to be attached to the contract. A valid "condition subsequent" could be one method of contract termination. I forget, BLAW was a long time ago and I don't have time to google it.

My read is, it is not a valid condition subsequent and the contractor was simply too small and too busy to contest it. They simply used the regulatory process to put the guy through the ringer regardless of the validity or righteousness. The owner was probably a lawyer, someone with access to free legal work, or familiar with the inside track at the supervisory board. The owner had to decide he wanted to fire the guy (throw him off with no payment) and used the non complaint porta potty as the best he could find. The boasting is about their power over others, they can harm you for 'any reason' (your porta potty better comply or else!!!).

Only the honest people get punished by all those "dot the i's and cross the t's" boilerplate, fake, or irrelevant code cites. The crooks do not care what the code says but are much better at gaming the system to slip through the regulatory laxes and sleeping periods. The big crooks are more work for the regulators to punish so they go after the easy prey. That would be my complaint, punish the crooks equally with the honest and now we have a fair fight.

I am also guessing the contractor's board does not have jurisdiction over porta potties. That would be health code and not building or licensing statute. In fact, send me their address and I'll send them a complaint bringing this to their attention.

There's also the .01% rule. For every guy they catch and punish, there were 10.000 doing the same thing with no recourse or worry, their stock in trade being smoke and mirrors.

We only have one side of the story, the story written by the victors.

 

[Sierrasparky]

My read is, it is not a valid condition subsequent and the contractor was simply too small and too busy to contest it. They simply used the regulatory process to put the guy through the ringer regardless of the validity or righteousness.......... The boasting is about their power over others, they can harm you for 'any reason' (your porta potty better comply or else!!!).

Only the honest people get punished by all those "dot the i's and cross the t's" boilerplate, fake, or irrelevant code cites. The crooks do not care what the code says but are much better at gaming the system to slip through the regulatory laxes and sleeping periods. The big crooks are more work for the regulators to punish so they go after the easy prey. That would be my complaint, punish the crooks equally with the honest and now we have a fair fight.

I am also guessing the contractor's board does not have jurisdiction over porta potties. That would be health code and not building or licensing statute. In fact, send me their address and I'll send them a complaint bringing this to their attention.

There's also the .01% rule. For every guy they catch and punish, there were 10.000 doing the same thing with no recourse or worry, their stock in trade being smoke and mirrors.

We only have one side of the story, the story written by the victors.

Aint that the truth.

Yes they only printed one side of the truth. The interesting thing is that all the other boastings about other contractors the CSLB lists the relevant violation. This one had none. I venture that they really had nothing on the guy just the threat of power. Every year latelty there are new rediculous laws. The one recent I like the most is that in our contracts we had to add the word "Internet" in front of "website" to read "Contact the CSLB at the Inernet Website www.CSLB............
It was not legal anymore to just have "website"

also It appears that the newsletters are getting bigger each issue.

 

[kwired]

Is this contractor's board you mention a regulating authority?

Why are they screwing contractors?

If they seem to be giving certain contractors preferred treatment that could be grounds for discrimination suits.

If they are screwing all of them relatively equally, the contractors need to stand up to them, either through unions, trade associations, etc.

Money they are supposedly "saving" the consumer is made up with higher prices later on as they have driven up the cost of doing business.

Sure there are going to be those contractors that intentionally do things that need policing, but you have to treat all of them fairly until they prove otherwise, and even then maybe a lesser penalty the first time - as it could be an honest mistake.

 

[Sierrasparky]

Is this contractor's board you mention a regulating authority?

Why are they screwing contractors?

If they seem to be giving certain contractors preferred treatment that could be grounds for discrimination suits.

If they are screwing all of them relatively equally, the contractors need to stand up to them, either through unions, trade associations, etc.

Money they are supposedly "saving" the consumer is made up with higher prices later on as they have driven up the cost of doing business.

Sure there are going to be those contractors that intentionally do things that need policing, but you have to treat all of them fairly until they prove otherwise, and even then maybe a lesser penalty the first time - as it could be an honest mistake.

Yes it's the regulatory board in our state. They protect the consumers supposidly. Today the cards are so well stacked against the Contractor. Unless you are huge and have the Lawyers to back you they will walk all over you and boast about it in the newsletters. You cannot get any contractors to ban together out here. Everyone is looking out for number one.

Every year the board enacts new laws that are so draconian. You should see the contracts I need to use in CA. They don't require that crap in other states.

Example of one that most do illegally.

If you do Resi Service work you need to have a Service and Repair contract. Otherwise you have to wait 3 days to perform the work ( cooling off period). Some say well its an emergency. It's not an emergency to replace a toilet when you have 2 other working units in the home. It's not an emergency to add a new circuit for spa tub ( regardless if you can get the permit same day.) You cannot start work or pay for permits for 3 days.

You can use the Service and Repair contract and do the work the same day. However you are limited to 750.00 work. Go over that and the customer complains you will be refunding some money.

Now an unlicensed contractor can perform work under 500.00 and no issues. Needs no contract no written agreement nothing. That is legit. The board only gives us 250.00 bucks more and we usually need to get a permit.

Now what customer will call you out for a small job just to wait. Most do not. Oh.. You can only charge 1 drive time per contracted job.

 

[kwired]

Yes it's the regulatory board in our state. They protect the consumers supposidly. Today the cards are so well stacked against the Contractor. Unless you are huge and have the Lawyers to back you they will walk all over you and boast about it in the newsletters. You cannot get any contractors to ban together out here. Everyone is looking out for number one.

Every year the board enacts new laws that are so draconian. You should see the contracts I need to use in CA. They don't require that crap in other states.

Example of one that most do illegally.

If you do Resi Service work you need to have a Service and Repair contract. Otherwise you have to wait 3 days to perform the work ( cooling off period). Some say well its an emergency. It's not an emergency to replace a toilet when you have 2 other working units in the home. It's not an emergency to add a new circuit for spa tub ( regardless if you can get the permit same day.) You cannot start work or pay for permits for 3 days.

You can use the Service and Repair contract and do the work the same day. However you are limited to 750.00 work. Go over that and the customer complains you will be refunding some money.

Now an unlicensed contractor can perform work under 500.00 and no issues. Needs no contract no written agreement nothing. That is legit. The board only gives us 250.00 bucks more and we usually need to get a permit.

Now what customer will call you out for a small job just to wait. Most do not. Oh.. You can only charge 1 drive time per contracted job.

I'm sure contracting isn't the only industry with rules like this.

I'm also beginning to see additional reasons why some of the people that live in my area that came here from CA left there:happyyes: