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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 128: Licensed to Bill
(July/August 2004)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. An unlicensed contractor, although barred from enforcing a mechanic's lien, may recover in quantum meruit against the person or entity for which the unlicensed contractor performed construction work.
 True.
False.

2. A contractor seeking compensation for work that it performed is not required to allege that it was licensed to perform that work. The party resisting the contractor's claim has the burden of proving the contractor was unlicensed.
 True.
False.

3. A leading case noted that the purpose of Business and Professions Code Section 7031, which requires contractors to be licensed, is to "protect the public from incompetence and dishonesty," and the licensing requirement should be enforced "despite injustice to the unlicensed contractor."
 True.
False.

4. A licensed subcontractor employed on a project by an unlicensed general contractor is nevertheless still entitled to enforce its mechanic's lien rights.
 True.
False.

5. A contractor is always required to possess a contractor's license at the time of the execution of the contract.
 True.
False.

6. An unlicensed contractor may establish substantial compliance with the licensure laws by showing that the contractor 1) had been duly licensed as a contractor prior to the performance of the work or contract, 2) acted reasonably and in good faith to maintain proper licensure, and 3) did not know or reasonably should not have known of the lack of a license.
 True.
False.

7. A general contractor cannot possess both a Class "A" license and a Class "B" license.
 True.
False.

8. A general contractor may engage in a construction project that involves only one building trade or craft, such as plumbing.
 True.
False.

9. All members of a joint venture or general partnership must possess a contractor's license.
 True.
False.

10. Under certain circumstances, developers are contractors and must be licensed. If they are not licensed, they may be denied recovery on their claims for compensation. However, an unlicensed developer sued for defective construction may recover against third parties that caused the defects.
 True.
False.

11. An individual performing construction work that does not involve more than $500 is not required to possess a license.
 True.
False.

12. A property owner is not required to possess a contractor's license if the owner is building any number of homes on the owner's property within one calendar year.
 True.
False.

13. A contractor need not be licensed under California law to perform work pursuant to contracts for public works, whether those public works are funded via a California public entity or by the federal government.
 True.
False.

14. Persons furnishing equipment to a project without supervising the operation of the equipment are not required to possess a contractor's license.
 True.
False.

15. A material supplier that does not install its products must still possess a contractor's license.
 True.
False.

16. When a contractor defaults and its surety takes over to complete the project, the surety is not required to possess a contractor's license.
 True.
False.

17. A Responsible Managing Employee (RME) or a Responsible Managing Officer (RMO) is required to be present on the project site at least 80 percent of the total hours per week that the contracting business is in operation.
 True.
False.

18. A contractor acting as a qualifier for a person or a company may act as the qualifier for another company if the company is a subsidiary of or a joint venture with the original person or company.
 True.
False.

19. A certificate from the Contractors State Licensing Board stating that the contractor is licensed is sufficient to prove licensure.
 True.
False.

20. A licensed contractor doing business under his or her own name or under a fictitious name may sell the contracting business to an unlicensed person, and the buyer may continue the business using the seller's license.
 True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

   
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