California Business and Professions Code Section Section 7026

What is the Definition of "Contractor"? Business and Professions Code Section Section 7026 specifies those required to have a contractor's license. That provision defines a "contractor" to be "any person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or herself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, ... whether or not the performance of work herein described involves the addition to, or fabrication into, any structure, project, development or improvement herein described of any material or article of merchandise. 'Contractor' includes subcontractor and specialty contractor. ..." "Section 7026 plainly states that both the person who provides construction services himself and one who does so 'through others' qualifies as a 'contractor.' The California courts have also long held that those who enter into construction contracts must be licensed, even when they themselves do not do the actual work under the contract. Indeed, if this were not the rule, the requirement that general contractors be licensed would be completely superfluous." (Vallejo Development Co. v. Beck Development Co. (1994) 24 Cal.App.4th 929, 941 [29 Cal. Rptr. 2d 669] (Vallejo Development).) Section 7026.1, subdivision (b) states that the term "contractor" "includes" a "consultant to an owner-builder ... who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid, to construct any building ... or part thereof." Section 7057, subdivision (a) defines a "general building contractor" to be "a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons ... , requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof."