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According to California regulations, when a general contractor subcontracts work and includes markup in their bid, what is the maximum allowable markup on subcontractor work for cost-plus contracts under Business and Professions Code Section 7157?

Correct Answer

A) There is no specific maximum percentage limitation

Business and Professions Code Section 7157 does not establish a specific maximum percentage for contractor markup on subcontracted work. However, markups must be reasonable and disclosed in cost-plus contracts. The markup should reflect actual overhead and management costs associated with coordinating and supervising the subcontracted work.

Answer Options
A
There is no specific maximum percentage limitation
B
15% of the subcontractor's bid
C
10% of the subcontractor's bid
D
20% of the subcontractor's bid

Why This Is the Correct Answer

B&P Code §7157 governs cost-plus contracts in California but does not establish a specific maximum percentage for markup on subcontractor work. The law requires that markups be reasonable and properly disclosed to the owner, but leaves the actual percentage to negotiation between the parties. This is a nuanced point: no statutory cap exists, unlike what many candidates assume.

Why the Other Options Are Wrong

Option B: 15% of the subcontractor's bid

15% is not a statutory maximum under B&P §7157. While 15% is a common industry practice and is sometimes written into individual contracts as a cap, it is not a California legal requirement. Selecting this answer conflates industry custom with statutory law.

Option C: 10% of the subcontractor's bid

10% is not a statutory maximum under B&P §7157. As with 15%, this figure may appear in some public contracts or owner-negotiated agreements, but it is not mandated by state law for cost-plus contracts generally.

Option D: 20% of the subcontractor's bid

20% is not a statutory maximum under B&P §7157. This distractor tests whether candidates will choose the highest number as the most 'permissive' cap, but the correct answer is that no specific cap exists in the statute.

Memory Technique

§7157 = No Cap, Just Disclose. Remember: 'In California cost-plus, you can mark up subcontractors — just tell the owner what you're charging.' The statute is about transparency, not a specific number. If you see a percentage in the answer choices for a §7157 question, it's a trap.

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