Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

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Terms Used In 21 Guam Code Ann. § 70116

  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) The Contractors License Board may revoke any license issued hereunder, or suspend the right of the licensee to use such licenses, or refuse to renew any such license for any of the following causes:

(1) Conviction of any felony or misdemeanor involving moral turpitude;

(2) Any dishonest or fraudulent or deceitful act as a contractor which causes a substantial damage to another;

(3) Pursuing a continued and flagrant course of misrepresentation or of making false promises through advertising or otherwise;

(4) Abandonment of any construction project or
operation without reasonable or legal excuse;

(5) Willful departure from or willful disregard of plans or specifications in any material respect without consent of the owner or duly authorized representative, which is prejudicial to a person entitled to have the construction project or operation completed in accordance with such plans and specifications;

(6) Willful violation of any law of the Territory or of any political subdivision thereof, relating to building, including any violation of any applicable rule or regulation of the Department of Public Health, or of any applicable safety or labor law;

(7) Failure to make and keep records showing all contracts, documents, records, receipts and disbursements by a licensee of all transactions as a contractor for a period of not less than three (3) years after completion of any construction project or operation to which the records refer
or to permit inspections of such records by the Board;

(8) When the licensee being a co-partnership or a joint venture permits any member of such co-partnership or joint venture who does not hold a license to actively participate in the contracting business thereof;

(9) When the licensee being a corporation permits any officer or employee of such corporation who does not hold a license to have the direct management of the contracting business thereof;

(10) Misrepresentation of a material fact by an applicant in obtaining a license;

(11) Failure of a licensee to complete in a material respect any construction project or operation for the agreed price if such failure is without legal excuse;

(12) Willful failure in any material respect to comply with this Chapter or the rules and regulations promulgated pursuant thereto;

(13) Willful failure or refusal to prosecute a project or
operation to completion with reasonable diligence;

(14) Willful failure to pay when due a debt incurred for services of materials rendered or purchased in connection with his operations as a contractor when the individual has the ability to pay or when the individual has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;

(15) The false denial of any debt due or the validity of the claim therefor with intent to secure for licensee, employer or other person, any discount of such debt or with intent to hinder, delay or defraud the person to whom such debt is due;

(16) Failure to secure or maintain workmen’s compensation insurance;

(17) Knowingly entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this
Chapter; or

(18) When the Responsible Management Employee and/or the majority stockholders have, under another corporate or company structure, caused the non-payment of employees wages and/or the abandonment of alien workers to become a burden on the Government.

(19) Willful failure to pay when due a debt or penalty incurred for damaging a public utility operated by the Guam Power Authority, the Guam Telephone Authority or the Guam Waterworks Authority and the Department of Public Works.

(20) Knowingly taps into any power, water, sewer line, or facility belonging to the Guam Power Authority and/or the Guam Waterworks Authority without first obtaining permission through the established service rules and regulations of each respective governmental agency.

(b) No license shall be suspended for longer than two (2) years and no person whose license is revoked shall be eligible for a new license until the expiration of two (2) years.

(c) For purposes of this Section, the Contractors License Board in cooperation and in conjunction with the Department of Public Works, Department of Revenue and Taxation and the Department of Labor may have investigative powers for purposes of carrying out the intent of this Section.