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Old 02-23-2014, 11:04 AM   #1
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Contractor using dads License


We hired a contractor from a referral. Six months after work was completed, the solid wood door he purchased/installed started to shrink, etc. He apparently installed a door that had a warranty requiring a 10 ft overhang which we did/do not have. He never read the warranty on the door or provided it to us. We even paid for it to be stained/sealed. Now we are having issues with him replacing it. Through this process we looked up his license. His dad is listed on the license as a sole owner. The son is not listed as an employee. (guess if you have employee you have to have workers comp insurance - which they do not). After reviewing CSLB facts it appears they are in violation. Any thoughts on this would be greatly appreciated. Thank you!

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Old 02-23-2014, 11:45 AM   #2
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Contractor using dads License


how much did it shrink? I would think that a door being in the elements would do the opposite and swell.

Wood does shrink in the winter when moisture content in wood drops. So the door shinking doesnt have anything to do with it not being under roof.


Last edited by JustinK; 02-23-2014 at 11:51 AM.
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Old 02-23-2014, 11:57 AM   #3
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Contractor using dads License


Actually the cause is SUN exposure - may be winter but we have sun and without the overhang - which is part of the required warranty for installing this solid wood door.
Was really looking for responses on person utilizing someone elses license - which I have discovered is illegal, if they are not an employee...thx
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Old 02-23-2014, 12:58 PM   #4
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Contractor using dads License


You did not add your location so not sure how anyone's going to know what your states laws may be.
Most states have a number of employees you have before your required to have work mans comp. it varies by state.
Who's choice was it to go with that color?
Most doors even steel doors have warning on them not to use to dark a color unless under cover.
Post a picture of what the door is doing.
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Old 02-23-2014, 01:01 PM   #5
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Which CSLB?

Being a sole proprietor doesn't mean he can't have employees (I did-up to a dozen).

However, since the job was accomplished under his license, he is responsible and accountable for the work.

http://smallbusiness.chron.com/can-s...ees-14423.html
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Old 02-23-2014, 01:05 PM   #6
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Contractor using dads License


Since you haven't said what state you are in, it is a little hard to comment on the subject.
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Old 02-23-2014, 01:39 PM   #7
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Reside in CA
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Old 02-23-2014, 02:32 PM   #8
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I would talk to the father and see if he will remedy the work. Or if he claims that the son is not his employee.

The father may satisfy you. If he doesn't and the son is an employee, you can file a complaint with the CSLB about the "unsatisfactory work/warrantee issues".

If he claims the son is not an employee, you can file the "contracting under someone's license" complaint.

If you are using the CSLB workmans comp info, it does not always get changed when a smaller contractor changes his business. It is quite possible that a workmens comp policy exists today, that was not in effect when the license was renewed.

(For JustinK, In CA mosture content increases in the winter and drops in the summer.)
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Old 02-23-2014, 02:43 PM   #9
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Unless California has different terminology, worker's comp or workman's comp is insurance to cover the worker(s) when/if they get injured. It provides lost wages, medical costs, etc.

I'm thinking you're confused with general liability insurance.
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Old 02-23-2014, 03:05 PM   #10
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Contractor using dads License


His dad, sole owner which is stated on license details; also claims he has no employees therefore exempt from having workers comp ins. So apparently son is utilizing dads license number.
As far as the door installation - the door warranty (which he received and never shared with us) states that doors must have minimum of 4' overhang and doors with southern exposure (which ours is) must have additional overhang. So clearly the solid wood door should never have been hung. We are hoping that the contractor follows thru to resolve. It was only after this issue that we researched to find that he is using his dads license whereby he is not even an employee.....so clearly they are trying to not pay workers comp, etc..
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Old 02-23-2014, 03:22 PM   #11
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Who selected the door, you or him? If you did then it is 100% your problem, if he did, then it is his.

Regarding the license, generally you can work under the umbrella of a license, but the licensee will ultimately be liable.
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Old 02-23-2014, 03:31 PM   #12
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we showed him a picture of the look we liked - he researched and found one - we liked it. He was provided the warranty info and did not share with us - in addition he knew the overhang we had and installed it anyway - appreciate ypur thoughts but you are mistaken.
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Old 02-23-2014, 03:42 PM   #13
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Quote:
I'm thinking you're confused with general liability insurance.
No, I am not. In CA, all contractors must file proof of Workers comp (or an exemption statement) to obtain/renew their license.
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Old 02-23-2014, 07:07 PM   #14
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Sorry for the bad info.

I was thinking about Virginia's worker's comp laws - only required if 5 or more employees. Four or less is an automatic waiver.

I checked California's law and see why you are focusing on that insurance since he wasn't supposed to be licensed or working without that insurance.
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Old 02-23-2014, 07:13 PM   #15
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Quote:
Originally Posted by DL's husband View Post
Sorry for the bad info.

I was thinking about Virginia's worker's comp laws - only required if 5 or more employees. Four or less is an automatic waiver.

I checked California's law and see why you are focusing on that insurance since he wasn't supposed to be licensed or working without that insurance.
How can any state allow an employee to work without WC coverage?

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