A service call for HVAC repair results in $950 of work. The technician provides a handwritten invoice but no formal contract. This arrangement:
Correct Answer
C) Violates B&P Code 7159.5 written contract requirements
B&P Code 7159.5 requires written contracts for service and repair work exceeding $750. At $950, this work requires a formal written contract, not just an invoice.
Why This Is the Correct Answer
B&P Code 7159.5 requires a written contract (not merely an invoice) for service and repair work when the total cost exceeds $750. At $950, a formal written contract is legally required. An invoice documents work done but does not satisfy the statutory contract requirements (e.g., right to cancel notice, itemized pricing, license number disclosures).
Why the Other Options Are Wrong
Option A: Requires a formal contract due to the service nature
B&P 7159.5 — not 7159 (which covers home improvement) — governs service and repair work. The 'service nature' of the work is irrelevant as the deciding factor; the dollar threshold ($750) is what triggers the written contract requirement.
Option B: Is acceptable since the work is under $1,000
This is a common trap. The $1,000 figure does not appear in B&P 7159.5 as the threshold for service/repair contracts. The actual threshold is $750, so $950 exceeds it and requires a written contract.
Option D: Is valid but limits the contractor's lien rights
Lien rights are governed separately. The absence of a written contract primarily violates the consumer protection provisions of B&P 7159.5 — it is not simply a lien limitation issue.
Memory Technique
7159.5 = Service & Repair. The '.5' reminds you this is the 'extra' rule for repairs. And $750 — think '750 horsepower HVAC' — once you hit that number for any repair, you need the paperwork.
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