Is Rule 834(b) Necessary to Effectuate Legislatures Intent?
[6] Board argues rule 834(b) is necessary to effectuate the Legislature’s intent under the classification scheme because it accomplishes three purposes: (1) ensures construction work is performed by competent contractors; (2) assures the survival of the specialty license class of contractors; and (3) provides clear information about the role of general contractors in the construction industry. We find this argument unpersuasive. To the extent that Board recognizes that the foremost purpose of the Law is to protect the public against unscrupulous and/or incompetent contractors, we heartily agree. The courts of this state have long emphasized that the Law “was enacted for the safety and protection of the public against imposition by persons inexperienced in contracting work, and for the prevention of fraudulent acts by contractors resulting in loss to subcontractors, materialmen, employees, and owners of structures.” (Fraenkel v.
