CSLB Contractor's Law & Business Practice Exam

As a prime contractor on a public works project, what happens if you do not name a subcontractor?

1. The awarding authority will choose a subcontractor for you

2. You will do that part of the work yourself

3. The contract is canceled

4. You may submit a name later

The correct answer is: You will do that part of the work yourself

The correct answer identifies that if a prime contractor does not name a subcontractor for a public works project, the prime contractor may need to perform that part of the work themselves. This situation arises because, in many jurisdictions, the bid submitted by a prime contractor requires that all subcontractors be named upfront. Failing to do so means that the contractor assumes full responsibility for completing all aspects of the project themselves, as the project cannot proceed without the necessary subcontractor work being assigned. Additionally, naming subcontractors is crucial for meeting state and local regulations, maintaining transparency, and ensuring that all parties are accountable for their roles. When subcontractors are not named, it can create complications in contract enforcement and compliance with labor regulations. The other options do not accurately reflect standard practices in public works contracting. For example, having the awarding authority select a subcontractor or canceling the contract would unlikely be common outcomes; similarly, submitting a name later is typically not permissible once the bidding process has concluded. The requirement to name subcontractors is a key aspect of the bidding process and is typically fixed, emphasizing that the prime contractor must be prepared to handle all responsibilities as specified in their original contract.