Bergstrom likes to say "I've been doing this for 35 years". I guess that means he has spent 35…read moreyears in not following the laws he signed up to follow with the Contractors State Licensing Board (CSLB). His wife Kelly will respond that they won in court, but not really.
The problem is that the civil courts will not accept the Business and Profession codes. At least not in the Barstow courts. But these are the laws the contractors have to follow when they sign up for their license from the state. So if you want to hire a contractor whether Bergstrom or another, follow these steps.
First check their license at (CSLB.ca.gov). You can look them up by their company name ie Bergstrom Construction, or their license number ie 550925.
Things to look for on the site are, is the license active. On Bergstrom's page just below the license expiration date you will see a sentence in red writing. Click on this and you will see a citation number. click on this number and you will see all the violations this contractor has against him by the CSLB. Bergstrom has 11 from my contract.
At the bottom of the first page you will see 3 blue boxes. The one saying Other Licensees, click on it and you will see the other construction company the contractor owns. This company will bring the workers in your home. This is done by contractors that want to avoid workers comp for their employees. But now that he was caught, he has made all his employees, Officers of his company. This means he still does not have to buy workers comp for them. But the state law states an officer is someone who actually works in the operations of the company, ie a CEO, or CFO. The laborers or carpenters are still employees since they do the work for the company. Bet he didn't tell them as officers, if he is sued, they are also liable to pay.
When you hire any contractor, check over the contract. To avoid being dragged into civil court, ensure that the contractor has it written in that you will go to arbitration for disputes. If your contract is for less than $25,000 ensure it states that in a dispute you will go to mandatory arbitration. And if the contract is for $25,001 to $50,000, it should say he will go to Voluntary arbitration. Anything higher has to go to civil court.
Arbitration is paid for by the CSLB and they enforce the laws the contractor must follow.
Business and Profession code 7159(d)(9), states the contractor can and should set up a progressive payment plan. In other words the job of a kitchen remodel is broken down into sections to be paid at the completion of each part of the contract. Ie, it might be broken down to demo, wiring, drywall, cabinets. You only pay at the completion of that part, not up front.
Under B&P code 7159.5(c)(5), the contractor can only ask for a down payment up front. That is for 10% up to no more than $1,000 at the signing of the contract. No other payment goes to the contractor till he completes a step in the progressive payment plan.
B&P code 7159(a)(5), is about extra work. If the contractor finds he has to do extra work that is needed but was unforeseen in his estimate, then he must discuss it with you before he starts the extra work. And that he must do a Change Order, or basically updating your contract. This Change Order must be signed by him and you just as the original contract to acknowledge that you both know that the contract was altered.
As I stated in the beginning, the civil court shut me up when I tried to explain why I was wronged because Bergstrom demanded $10,000 before he started work. Turns out his crew were not licensed contractors, and CSLB stated not to let them back into my house since they were employees with no workers comp. This means that if his workers get hurt in your house, they can sue you.
Strange that he's one of the more expensive contractors. Yet all the workers he brought in my house were not contractors according to the CSLB. His electrician had no license for 17 years. But the law allows the contractor to hire anyone from in front of Home Depot and work under his license. He did hire a licensed plumber who had no workers comp for his employees. Bergstrom as the primary contractor should have checked that the plumber had it. But failed to do his job.
He didn't even finish the first step of the contract but was paid up front. To add insult to injury he claimed I owed an extra $8,000 in extra work. He showed up in court with an invoice stating I owed him. The court accepted the invoice. It was not a Change Order and did not have my signature on it. Again go to CSLB arbitration.
So when hiring a contractor, ensure you check them out well. Ensure there is a statement in the contract for arbitration through CSLB.
My personal opinion is stay away from this company, and his other company Eagle Contractors.
