Law Talk - Recent Legislation Importance

By Sam K. Abdulaziz
Attorney at Law

It is the time of year again when some legislation has been passed and chaptered, meaning that it becomes law January 1, 2008. If it were urgency legislation, it would become law sooner. Otherwise, all legislation becomes law January 1st of the year after the Governor has signed it. These cases affect the contractors.

AB 711 -- Emmerson

This law deals with landscape contractors. It essentially expands the work that a landscape contractor can do. The law authorizes a landscape contractor working within the classification to enter into a prime contract for an outdoor cooking center or an outdoor fireplace, provided that the work is included within the residential landscape project that the contractor is supervising and, that in the case of an outdoor fireplace, it is not attached to the dwelling.


AB 243 -- Nakanishi

This next law deals with disciplinary actions. This law requires that a disciplinary action is to be taken against any licensee who has been convicted of crimes related to the qualifications, functions, and duties of a contractor within two years after discovery of the conviction by the Registrar of Contractors or the Board. The law also requires disciplinary action regarding an alleged breach of an express, written warranty by a contractor to be filed within eighteen months from the expiration of the warranty.

SB 138 -- Calderon

This law will provide that, except as specified, all agreements affecting any residential construction contract and amendments to such a contract entered into after January 1, 2008, that purport to indemnify the general contractor or contractor not affiliated with the builder by a subcontractor against liability for claims of construction defects or other injury to property arising from, pertaining to, or relating to the negligence of the nonaffiliated general contractor or nonaffiliated contractor or their other agents, servants, or independent contractors who are directly responsible to the nonaffiliated general contractor or nonaffiliated contractor, or for defects in design furnished by those persons, or for claims that are unrelated to the scope of the work in the agreement, are unenforceable.

This is the language from the Legislative Counsel. Anyone who understands it upon reading it the first time gets to go to the head of the class.