Construction Weekly Volume 29, Number 2 • January 13, 2017
WHAT TO DO WHEN YOU GET A CSLB COMPLAINT FORM LETTER By: Bruce D. Rudman Abdulaziz Grossbart & Rudman Some of you have been lucky and have never had a Contractors’ State License Board (“CSLB”) Complaint. Others have had a few. Lately, the “consumer playbook” is to not only litigate, but to file complaints with the CSLB, the license bond surety, and post negative reviews on social media including Yelp and Angie’s List. This article will only focus on the CSLB, but your response may be similar though the ramifications are different. When a Complaint is received by the Contractors Board, it is first assigned to an Intake Center who will informally try to resolve the case before sending it to an investigator. It is at this point that your best move is to do what you can to settle the claim. The CSLB usually sends a form letter to the contractor, advising that a Complaint has been received from a Complainant, the address where the project is located, and an advisory that the contractor should contact the customer and attempt to settle the matter. The form also requires a response to the Contractors Board. That response requires the contractor to advise the Board if: • A settlement was reached and identify the amount of the settlement; • Whether a settlement was offered and rejected; or • Whether there were no violations. Now, many contractors will immediately pick up the phone and call the Contractors Board but not send any further response. Others will set aside the letter and simply ignore it until they are called or contacted. Others may contact the customer and find out what is wrong. Sometimes, the contractor gets the form letter before the customer has even complained to the contractor and the contractor does not know what the complaint is about. In every case, even in cases where you are owed money or there is animosity between the customer and contractor, the contractor should make an effort to contact the owner in writing, with an offer to remedy the complaint. In that written communication – I generally recommend the method of communication the parties utilized during their course of business together, except I never recommend responding by text message – the contractor respond with the known reasons why the claim is refuted, and if there are any workmanship or warranty claims, the contractor should indicate that if there is a problem with the work, it is ready, willing and able to correct the work. These are the buzz words that should be used in every communication. If you use these words and the customer will not let you back in, it is hard to assert that you have abandoned the project. Further, there is case law that holds that a contractor that has offered to make the homeowner whole, but that offer was rejected, may not necessarily be subject to discipline. Since the contractor very well may be responding to multiple parties, compiling the information while it is still available and fresh in your mind is essential. Now, here is why you should timely respond: if you respond and the Complainant does not provide information to the CSLB as they may request, they will often close the file. If the contractor will not respond to the Intake Department, then they will assign it to an investigator. It is a rare occasion every contract requirement was included in the contract; it is easy to find technical violations which lead to a Citation. However, if an investigator is assigned, he or she will retain an industry expert to review the work. Having handled Contractors Board matters for 20 years, it is a rare occurrence that an industry expert will find nothing wrong with the work. Sometimes the findings are things not even included in your scope of work and that is your battle. However, you want to attempt to cut that off at the pass. If the case is assigned to an investigator, and you truly have an issue, you may want to consult with an attorney before meeting with the investigator or making a statement. If you are owed money, get your ducks in a row and document everything, including contracts, change orders and the like. If your contract does not comply with the law you may want to settle with the customer even if it pains you to do so. If the investigator offers you the CSLB Arbitration program, you may want to seriously consider that. You may not have a choice if the owner’s claim is for under $15,000 since the Contractors Board can compel you to participate in their program. The benefit of the program is that you argue the facts to a neutral arbitrator, and assuming you comply with the award, there is absolutely no negative report on your license information. Keeping a clear license history is very important as a Citation and Accusation will be a scarlet letter on your license for many years to come. If in doubt, discuss your case with an Attorney. Bruce Rudman has been practicing construction law for 20 years. He has garnered a great reputation in the construction field not only as a litigator but on licensing issues with the CSLB, particularly disciplinary proceedings. Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients and it does not establish an attorney-client relationship with the reader. This document is of a general nature and is not a substitute for legal advice. Since laws change frequently, contact an attorney before using this information. Bruce Rudman can be reached at Abdulaziz, Grossbart & Rudman: (818) 760-2000 or by E-Mail at email@example.com, or at www.agrlaw.com Dec ’16 / Jan ‘17
Online Plan Room Class The Builders’ Exchange of Stockton has moved our plan room platform from CalBX to the Golden State Plan Service (GSPS) Network System.
TUESDAY, JANUARY 24TH • 9 AM Held at the Exchange Space is limited so please contact the office to RSVP. 2 • Construction Weekly
Contents • Online Plan Room Class Flyer
• Scholarship Application Flyer
construction weekly The official publication of the Builders’ Exchange of Stockton
• Contractors Connection
• Classified Section
• Weekly Economic Update
• Projects Out to Bid
• Legal Notices
7500 West Lane • Stockton, CA 95210 Phone (209) 478-1000 Fax (209) 478-6507 Plan Room (209) 478-1005 www.besonline.com OFFICE HOURS Monday - Thursday 8-4:30 Friday 8-4 DIRECTORS TONY ARCEO, Grayson Engineering RYAN HAGGERTY, Haggerty Construction BOB HARMON, F&M Bank JASON HJELMSTAD, Holt of California J.J. JONES, United Rentals A&A Tool Rentals TOM MAYO, Tom Mayo Construction TOM PATTI, Delta Cranes DUSTIN SACCONE, Comfort Air, Inc. AL TOCCOLI, Al Toccoli Construction OFFICERS
• Tail Gate Topic • Safety & Educational Class Flyer
Page 14 Page 15
JASON HJELMSTAD, President TONY ARCEO, Vice President TOM MAYO, Treasurer AL TOCCOLI, Member at Large STAFF MICHAEL SELF, Executive Director firstname.lastname@example.org RENEE PUIG-HINK, Office Manager email@example.com CINDY ROBINSON, Bookkeeper firstname.lastname@example.org
Construction Weekly • 3
Scholarship Applications Applications can be picked up at the Exchange Office or can be downloaded from our website at www.besonline.com
NOW! 4 â€¢ Construction Weekly
CSLB Announces 2017-2018 Legislative Strategic Plan The Contractors State License approved their 2017-2018 legislative strategic plan during their December board meeting. Highlights are below and include the objective’s level of priority and the expected date of delivery: Legislative Objectives: 1. Present draft proposal to reorganize Contractors’ State License Law. Closely examine and reorganize current law to create a more user-friendly, logical flow and cleanup; and, clarify language as needed. Priority: Important; Due: March, 2017 2. Research increased penalties for predatory business practices, misrepresentation of services, or determine if need for enforcement strategies to combat predatory service and repair scam practices. In conjunction with Enforcement division, examine appropriateness of existing penalties in statute and regulations and determine if there is a need for changes. Priority: Important; Due: March, 2017 3. Develop and implement regulatory proposal to formalize experience requirements. In conjunction with Licensing division, clarify the accepted verifiable experience requirements necessary for the licensure to help ensure that qualified applicants are able to test for a license. Plan to initiate rulemaking in January 2018. Convene a working group with Licensing division staff later this year. Priority: Essential; Due: January, 2018 4. Further define examination waiver criteria. In conjunction with Licensing division, thoroughly review statutory waiver authority and develop regulations to clarify examination waiver criteria, including possible methods to prevent fraudulent submissions. Includes researching statutory and regulatory authority in relation to waivers. Priority: Important; Due: to Legislative Committee in 2017 5. Research alternative fee structures. In conjunction with Enforcement division, conduct cost/benefit analyses of Enforce-
ment activities and Enforcement-based fees, including citations; consider need for statutory and/or regulatory revisions – As an alternative cost savings measure, staff is presenting a legislative proposal to create a Letter of Admonishment. Priority: Beneficial; Due: January, 2018 6. Review Home Improvement Contract Provisions –Identify ways to simplify and improve clarity of provisions in Business and Professions Code section 7159 – In process, will present any recommended changes with 2017 legislative proposals. Important – Target June 2018 7. Increase fees – Increase statutory authority and limits; follow-up with regulations for future increases within statutory limits –Implementation on July 1, 2017. Essential – Target July 2018 8. Track and update Board on any legislation seeking to modify Business and Professions Code Section 7031 (Death of Contractors Provision) – Keep Board members and interested stakeholders updated on potential changes to code section relating to court actions for recovery of compensation in relation to unlicensed contractors – AB 1793 was signed by the Governor; no other pending legislation on this subject at this time known. Beneficial – Target Ongoing
Remember, CLC is ready to answer ALL of your licensing questions and/or to assist you with ALL of your licensing, incorporation and other business needs.
2120 28th Street • Sacramento, California 95818 • 916-451-1114 direct • 916-451-1118 fax • email@example.com
Construction Weekly • 5
HR/Payroll/Certified Payroll Professional
Bockmon & Woody Electric Co., Inc. in Stockton, CA, is seeking a Full Time Human Resource Payroll Specialist responsible for the day to day management of the company’s Human Resource, Payroll, and Certified Payroll.
Employment Need help with events? Newsletters? General office ? Seeking part time contract work. 30 years experience. Notary. Call Jan 209-479-6421 for resume.
Email resume to Randi@bockmonwoody.com
Electrical Project Manager: Industrial
Bockmon & Woody Electric Co., Inc., seeking a project manager with experience in Industrial Projects who will ensure that projects profitable and quality standards are maintained while ensuring effective communication and working relationships with other departments and divisions, and with the customer. This Project Manager will be accountable for delivering quality output, meeting customer expectations, managing to scope, delivering on time, and delivering within budget. The ideal candidate will be a strong manager and leader who can develop and implement effective tools, processes, and communications to ensure the continued profitable growth of the division. Email resume to Randi@bockmonwoody.com
Class A Driver / Shop Hand
Delivery of items to Bockmon & Woody Electrical construction jobsites, (e.g. boxes, packages, equipment, material, etc.) for the purpose of distributing items from internal or external sources over scheduled and/or unscheduled routes to assigned locations. Drives vehicles Class A license required (e.g. truck, van, forklift, etc.) for the purpose of transporting equipment, orders, and materials to designated sites. Email resume to Randi@bockmonwoody.com
6 • Construction Weekly
Commercial Residential Design/Build Al Toccoli • General Contractor firstname.lastname@example.org
(209) 639-7608 • Fax (209) 931-3513 License #522916
Weekly Economic Update provided by Dennis Goldstrand
For disclosure information contact Dennis Goldstrand at (209) 472-7000. 2800 West March Lane, Suite 326 • Stockton, CA 95219 Dennis J. Goldstrand Presents: www.goldstrand.com • email@example.com
WEEKLY ECONOMIC UPDATE January 9, 2017
WEEKLY QUOTE “One must know oneself, if this does not serve to discover truth, it at least serves as a rule of life and there is nothing better.” - Blaise Pascal
WEEKLY TIP Child care costs for working parents can be steep. Fortunately, some employee benefit plans offer dependent care flexible spending accounts. Parents can pay for qualified child care expenses and get a tax break at the same time by using these FSAs, which can be funded with pre-tax dollars.
It lacks fingers, yet it points. It lacks feet, yet it constantly runs. It lacks arms, yet it may periodically strike. What is it? Last week’s riddle: Kylie tells her friend Danielle that she knows of a place where Valentine’s Day comes after the Fourth of July. Where is this place? Last week’s answer: In the dictionary.
RISING WAGES, MODERATE HIRING IN DECEMBER
The Department of Labor’s latest employment report shows the average hourly wage at $26.00 last month, up 2.9% in a year. That is the largest annualized wage increase seen since June 2009. Payrolls expanded by 156,000 additional hires in December, leaving total 2016 job growth at a 5-year low of 2.2 million. (This could be a sign of the labor market reaching full employment.) The headline jobless rate ticked up to 4.7%, while the U-6 rate encompassing the underemployed was at 9.2%.1
MANUFACTURING ACTIVITY PICKED UP AS 2016 ENDED Investors liked what they saw in the Institute for Supply Management’s December purchasing manager indices. ISM’s manufacturing PMI rose 1.5 points to 54.7, its best reading in two years. The Institute’s service sector PMI held steady at an impressive 57.2 last month.2,3
FED OUTLOOK: CAUTIOUSLY OPTIMISTIC
Minutes from the December Federal Reserve policy meeting noted that Federal Open Market Committee members were reasonably confident about the economy for 2017, while citing some “uncertainty about the timing, size and composition” of future policy moves. In other words, the Fed may or may not ultimately follow through on its 2017 forecast of three interest rate hikes. FOMC members saw “only a modest risk” of a “sharp acceleration in prices” this year.4
DOW ENDS WEEK AT 19,964
The blue chips hit an intraday high of 19,999.63 Friday on the way to a 1.02% weekly advance to 19,963.80. As the Dow flirted with history, the S&P 500 and Nasdaq made history, respectively closing at record peaks of 2,276.98 and 5,521.06. The S&P gained 1.70% for the week; the Nasdaq, 2.56%. Dropping 19.37% in five days, the CBOE VIX “fear index” finished the trading week at 11.32.5,6 THIS WEEK: On Monday, Acuity Brands, Alcoa, and WD-40 report Q4 results. Nothing significant is scheduled on Tuesday. KB Home and SuperValu announce earnings Wednesday. Thursday, the latest initial jobless claims report appears, Federal Reserve chair Janet Yellen addresses teachers at a Washington, D.C. town hall meeting, and Delta Air Lines shares Q4 results. The week’s major news items all arrive Friday – investors will consider the December retail sales report from the Census Bureau, December’s Producer Price Index, the initial January University of Michigan consumer sentiment index, and earnings reports from Bank of America, BlackRock, JPMorgan Chase, PNC, and Wells Fargo. % CHANGE
1 YR AGO
5 YRS AGO
10 YRS AGO
10 YR TIPS
Sources: wsj.com, bigcharts.com, treasury.gov - 1/6/176,7,8,9 Indices are unmanaged, do not incur fees or expenses, and cannot be invested into directly. These returns do not include dividends. 10-year TIPS real yield = projected return at maturity given expected inflation.
Please feel free to forward this article to family, friends or colleagues. If you would like us to add them to our distribution list, please reply with their address. We will contact them first and request their permission to add them to our list. SF-01092017
Construction Weekly • 7
8 â€¢ Construction Weekly
Please make it home safe today. We believe you deserve more than just insurance. You deserve valuable risk management tools—like the “What is Important to You” distracted driving prevention program—designed to help you and your employees make it home safe today. Federated provides clients with access to services offered through wholly independent third parties. Neither Federated nor its employees provide legal advice.
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Checking? Free. Worry? Free. Introducing Worry-FREE Checking™ Are you still paying too much for a checking account that delivers too little? Get Worry-FREE Checking1 from F&M Bank. It has all the extras you want, with no extra maintenance fees or hassles. Easy, right?
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STOCKTON Chad Marcigan • 209-337-6016 1 Free checking describes that the account has no monthly service or maintenance fees. Other fees such as non-sufficient funds, overdraft, undeliverable mail, etc. may apply. 2 Ask your banker for information on the terms and condition of these services. Effective 5/16/16 and subject to change without notice. Refer to the Farmers & Merchants Bank of Central California Customer Agreement & Schedule of Charges, Books I & II, for additional information on account terms and fees.
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Construction Weekly • 9
ONLINE PLAN ROOM Viewing the Statewide Plan Room section of the Building News is reserved for Members of the Builders’ Exchange of Stockton. Local construction information and plans areavailable in the online planroom, plus:
• City/County Notices • Projects Out to Bid • Bid Results
• Mandatory Meetings/Job Walks • New Projects
For instructions on accessing the plan room please call 209-478-1000.
Not a Member? Additional BES member benefits include:
• Worker’s Comp Insurance • Group Health Insurance • Safety Training & Eduducational Seminars • Scholarship Program • Notarization on Construction Documents • Social Networking - Golf Tournaments, Bocci, BBQ, Crab Feed
Pre-Lien Research & Processing Mechanics Lien Law Training www.thelienlady.com
P (209) 599-8895 F (209) 599-6530 PO Box 554 Ripon CA 95366
10 • Construction Weekly
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Construction Weekly • 11 040113AMb_Builders_Exch_ad color.indd 1
4/3/2013 12:50:58 PM
P (209) 599-8895 F (209) 599-6530 • PO Box 554 Ripon CA 95366
NOTICE OF COMPLETION
Please note all information provided is gathered from public sources (San Joaquin County Recorder) and no claim is made to it’s accuracy. Recordation Date Owner Name Contractor Name Property Address 12/19/16 LINCOLN UNIFIED SCHOOL DIST CLARK & SULLIVAN 1900 W SWAIN RD, STKN, APN 097-500-02 OLEANDER LP RAYMUS CONST INC 1473 CRUZ ST, MTCA, APN 226-330-74 SAN JOAQUIN DELTA COMMUN COLLEGE DIST COLLINS ELECTRICAL CO INC 12/20/16 BROOKFIELD WINDRIFT LLC 1027 GREENGATE PL, LTHRP, APN 213-390-22 CARESCO BLDR CORP 460 VIOLA AVE, STKN, APN 084-140-37 MERITAGE HOMES CAL INC 986 ORANGE BLOSSOM AVE, MTCA, APN 224-580-61 PULTE HOME CORP APN 204-100-53, MTCA RIVER ISLANDS 131 LLC VANDAELE DEVEL NOR CAL 1481 CRYSTAL DR, LTHRP, APN 210-210-06 SHEA HOMES LTD PTP 550 N CASTELLINA TER, MTN HSE, APN 256-250-32 TRACY UNIFIED SCHOOL DISTRICT BOCKMON & WOODY 315 E 11TH ST, TRCY, APN 233-370-09 ELECTRICAL CO INC TRI POINTE HOMES INC 2375 S NEARY LN, TRCY, APN 246-360-53 12/21/16 CALATLANTIC GROUP INC 223 W HAYWARD LN, MTN HSE, APN 262-120-07 CALATLANTIC GROUP INC 2596 MIA WAY, TRCY, APN 242-460-27 DR HORTON CA3 INC 348 PIERRE DR, MTCA, APN 226-350-40 KB HOME SACTO INC 1828 CHAPELLE CT, STKN, APN 117-500-65 OLEANDER LP RAYMUS CONST INC 1485 CRUZ ST, MTCA, APN 226-330-73 PULTE HOME CORP APN 204-100-54, MTCA RICHMOND AMER HOMES MARYLAND INC 1053 S VECINDAD ST, MTN HSE, APN 262-140-63 RICHMOND AMER HOMES MARYLAND INC 593 W STRAUSS DR, MTN HSE, APN 262-140-32 SHEA HOMES LTD PTP 621 N COLCANNON DR, MTN HSE, APN 256-460-04 SHEA HOMES LTD PTP 661 N SAN MARCOS DR, MTN HSE, APN 256-450-33 TRI POINTE HOMES INC 966 S FULTON ST, MTN HSE, APN 262-030-45 WL INVR LP 3004 BELMONT DR, LODI, APN 029-550-37 WOODSIDE 05N LP WOODSIDE HOMES 1225 S OLSON AVE, MTN HSE, APN 262-170-13 12/22/16 CALATLANTIC GROUP INC 1868 PONDEROSA DR, TRCY, APN 242-460-24 CALATLANTIC GROUP INC 235 W HAYWARD LN, MTN HSE, APN 262-120-08 DR HORTON CA3 INC 2330 BISMARK AVE, MTCA, APN 226-350-51 KB HOME CENTRAL VALLEY INC 10217 VAUGHN DR, STKN, APN 122-130-05 KHRI GROUP LLC 18053 CALAVERAS DR, LTHRP, APN 210-220-09 PULTE HOME CORP APN 204-100-53, MTCA RICHMOND AMER HOMES MARYLAND INC 1052 S JACOBS DR, MTN HSE, APN 262-140-53 RICHMOND AMER HOMES MARYLAND INC 648 W HUNTINGTON AVE, MTN HSE, APN 262-140-23 STOCKTON EAST WATER DIST VORTEX INDUSTRIES INC 6767 E MAIN ST, STKN, APN 101-170-35 STOCKTON EAST WATER DIST TAP MASTER INC 6767 E MAIN ST, STKN, APN 101-170-35 TRI POINTE HOMES INC 489 S THRASHER LN, TRCY, APN 246-360-52 WOODSIDE 05N LP WOODSIDE HOMES 1207 S OLSON AVE, MTN HSE, APN 262-170-14 WOODSIDE 05N LP WOODSIDE HOMES 1218 S VECINDAD ST, MTN HSE, APN 262-170-34 WOODSIDE 05N LP WOODSIDE HOMES 309 W FREMONT DR, MTN HSE, APN 262-170-36 WOODSIDE O5N LP WOODSIDE HOMES 3453 BUNGALOWS DR, TRCY, APN 213-440-04
12 • Construction Weekly
P (209) 599-8895 F (209) 599-6530 • PO Box 554 Ripon CA 95366
12/23/16 LATHROP CY DELTA PAINTING & COATING INC, TRU TECH MERITAGE HOMES CAL INC 971 LAVENDER ST, MTCA, APN 224-580-33 RICHMOND AMER HOMES MARYLAND INC 612 W HUNTINGTON AVE, MTN HSE, APN 262-140-25 SOUTH SJ IRRIG DIST KNIFE RIVER CONST 1863 W LOUISE AVE, 1202 N AIRPORT WAY, MTCA, APN 202-220-06 & 07 STOCKTON CY ROGERS CONST & ENGR INC WL INVR LP 2641 BUTTERCUP DR, LODI, APN 029-530-14 WOODSIDE O5N LP WOODSIDE HOMES 3473 BUNGALOWS DR, TRCY, APN 213-440-05
Date Recorded Owner Name Claimant Name Property Address No Recorded Mechanics Liens
Date Recorded Owner Name Claimant Name Property Address 12/20/16 MARINA LANDSCAPE INC MOUNTAIN HOUSE DEVEL LLC 19855 W GRANT LINE RD, TRCY, APN 262-020-07 THRU 09 12/22/16 NEUMILLER & BEARDSLEE OLIVA BERNARDINA M EST 10346 JERICHO DR, STKN, APN 066-330-18 NEUMILLER & BEARDSLEE OLIVA TOM EST 10346 JERICHO DR, STKN, APN 066-330-18 ROOFCO INC ESCALON PRESBYTERIAN CHURCH
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Construction Weekly • 13
builders’ safety services! Behavioral Safety - Who Is Responsible For Safety?
JANUARY 13, 2017
Safety is everyones responsibility! As an employee, you should: • Learn to work safely and take all rules seriously. • Recognize hazards and avoid them. • Report all accidents, injuries and illness to your supervisor immediately. • Inspect tools before use to avoid injury. • Wear all assigned personal protective equipment. • On the other hand, it is managements responsibility to: Provide a safe and healthy workplace. • Provide personal protective equipment. • Train employees in safe procedures and in how to identify hazards. • Everyone must be aware of potential hazards on the job: • Poor housekeeping results in slips, trips and falls. • Electricity can cause shocks, burns or fire if not handled properly. • Poor material handling may cause back problems or other injuries. • Tools and equipment can cause injuries if guards or protective devices are disengaged.
Always use the protections that are provided on the job: • Guards on machines and tools keep body parts from contacting moving equipment. • Insulation on electrical equipment prevents burns, shock and fire. • Lockout/tagout assures equipment is de-energized before it is repaired. • Personal protective equipment shields your body from hazards you may face on the job. • In case of emergency: • Understand alarms and evacuation routes. • Know how to notify emergency response personnel. • Implement a procedure for leaving the scene safely so emergency personnel can do their job. • Wipe up spills promptly and correctly. Safety benefits everyone. With fewer injuries, a business can be more productive and profitable. By incorporating safety rules, employees avoid injury as well as illness from exposure to hazardous substances.
Meeting Attended By Employee Recommendations
Supervisor’s Signature This information does not supercede local, State, or Federal regulations.
14 • Construction Weekly
builders’ safety services! 2017 Class Schedule CLASS
DATE & TIME
First Aid/CPR Form a Corp. or an LLC Prevailing Wage Seminar First Aid/CPR First Aid/CPR First Aid/CPR First Aid/CPR Prevailing Wage Seminar Mechanic Lien 101 Seminar First Aid/CPR
January 31 • 8-12 February 16 • 9-11 February 22 • 9-12 March 15 • 8-12 May 17 • 8-12 July 12 • 8-12 September 13 • 8-12 September 19 • 9-12 October 17 • 8:30-11:30 November 15 • 8-12
$45 $40 $40 $45 $45 $45 $45 $40 $50 $45
Also Available Upon Request
Forklift Certification • Competent Person Certification • Employee Law Weekend Classes • Group Training To sign up please contact the office at 209-478-1000 All classes are held at the Exchange located at 7500 West Lane Construction Weekly • 15