Licensed Electrical Contractor Business and Law Practices 3 — Questions and Answers
Question 1: A contractor receives a change order that increases the project scope. The contractor should:
- Proceed with the work and bill extra at project completion
- Refuse all change orders not in the original contract
- Execute a written change order signed by both parties before starting the additional work (Correct answer)
- Notify OSHA before proceeding with any scope change
Correct answer: Execute a written change order signed by both parties before starting the additional work
All scope changes should be documented with a signed written change order before work begins to protect both parties and ensure proper payment.
Question 2: Under IRS rules, which factor most strongly indicates a worker is an employee rather than an independent contractor?
- The worker uses their own tools
- The business controls how and when the work is performed (Correct answer)
- The worker invoices the company monthly
- The worker works for multiple clients simultaneously
Correct answer: The business controls how and when the work is performed
The IRS 'behavioral control' test focuses on whether the company controls how and when work is done — a key indicator of employee status.
Question 3: Which lien release form confirms that a contractor has received partial payment and waives lien rights only for the amount paid to date?
- Unconditional final lien waiver
- Conditional partial lien waiver
- Unconditional partial lien waiver (Correct answer)
- Final lien release and indemnity
Correct answer: Unconditional partial lien waiver
An unconditional partial lien waiver confirms receipt of a specific partial payment and permanently waives lien rights for that amount.
Question 4: When calculating a project bid, 'overhead' typically includes which of the following?
- The cost of wire and conduit for the specific job
- Wages paid to electricians working directly on the project
- Office rent, insurance premiums, and administrative salaries (Correct answer)
- Permit fees charged for the specific project
Correct answer: Office rent, insurance premiums, and administrative salaries
Overhead includes indirect costs of running the business — rent, insurance, admin staff — not direct job costs like materials or field labor.
Question 5: A contractor who discovers a latent defect in an existing structure that creates a safety hazard should first:
- Continue work and document the defect in the project file
- Immediately notify the owner and stop work in the affected area if necessary (Correct answer)
- File a complaint with the state contractor licensing board
- Require the owner to sign a liability waiver before proceeding
Correct answer: Immediately notify the owner and stop work in the affected area if necessary
Discovering a latent safety defect requires immediate notification to the owner and potentially stopping work to prevent harm.
Question 6: What is the primary purpose of a certificate of occupancy (CO) in relation to an electrical contractor's work?
- It authorizes the contractor to begin electrical installations
- It confirms the building meets all code requirements and is safe for occupancy (Correct answer)
- It substitutes for a final inspection by the electrical inspector
- It transfers liability for defects from the contractor to the owner
Correct answer: It confirms the building meets all code requirements and is safe for occupancy
A certificate of occupancy is issued by the authority having jurisdiction (AHJ) confirming the building complies with codes and is safe to occupy.
Question 7: A sole proprietorship differs from a corporation primarily in that:
- Sole proprietors cannot hire employees
- The owner has unlimited personal liability for business debts (Correct answer)
- Sole proprietors cannot obtain business licenses
- Taxes are filed using a corporate return (Form 1120)
Correct answer: The owner has unlimited personal liability for business debts
In a sole proprietorship, the owner and business are legally the same entity, meaning the owner has unlimited personal liability for all business debts and obligations.
A contractor receives a change order that increases the project scope.
The contractor should: