Home Improvement Contractor - Licensed Contractors

Licensed Contractors only........legal question, can you help?

If you practice business without a builder's or contractor's license, what are the specific dangers? I heard that the customer doesn't legally HAVE to pay you, and a court would rule against you if you are unlicensed. Is this true? I know someone who has run a business for several years and it's successful and he's insured, he just doesn't see the immediate need to get his license, since it's not REQUIRED specifically. What are the real dangers for him?

Public Comments

  1. I don't know what the dangers are but I am in the same boat.I run my own bussinness as a painter decorator and don't see why I should give hard earned dollars to some bueracrat to give me permission to work at my trade.
  2. You say a license to do what he does is not required, Based on what, because he said so? It depends a lot on law and regulations in your specific location. A better question might be why do most tradesmen get a license?
  3. An unlicensed contractor is someone who does repairs or makes improvements to your home without the appropriate license to do business in your state. Typically, unlicensed contractors work for less than licensed contractors because they avoid worker's compensation and liability insurance requirements. What are the Risks of Hiring an Unlicensed Contractor? While an unlicensed contractor may provide you with a low price, there are many risks involved in dealing with one: Unlicensed contractors cannot get permits, so their work is not inspected and may not be up to local code. If an unlicensed contractor improperly installs an appliance, such as a water heater that explodes, your insurance will not cover it. If an unlicensed contractor installs an appliance, such as a water heater, dishwasher, and so on, the product warranty may be voided. How Do I Tell if my Contractor is Unlicensed? There are some signs that may suggest your contractor is unlicensed. They include: The contractor asks for a large down payment before work begins and makes multiple requests for money in the early phases of construction. The contractor says permits and inspections are not required or he asks you to obtain the permit. The contractor gives a verbal contract only. He is not willing to put terms in writing. The contractor does not have proof of insurance. The contractor only works weekends or after-hours. The contractor asks you to make checks payable to a person or "cash" rather than a company. The contractor's advertisements, vehicles, cards, and so on do not display a license number. Protect yourself by asking about a contractor's license before hiring him. Ask to see the license and his worker's compensation and liability insurance. What Happens if I Hire an Unlicensed Contractor and There is a Problem? Problems may occur during your construction project. Work may be low quality, the contractor may abandon the job, or you may refuse to pay the contractor. States handle such disputes with unlicensed contractors differently: Some states follow a strict rule that does not allow an unlicensed contractor to recover on the contract. In those cases, contracts with unlicensed contractors are illegal and unenforceable by the contractor. Other states follow a rule of substantial compliance. If the contractor follows most of the rules a licensed contractor must follow, he can enforce the contract. This is because the public was not harmed by the violation as the contractor complied with the appropriate standards. These states may allow restitution to unlicensed contractors who are not paid if a licensed contractor supervised their work, the reason they have no license is minor, such as forgetting to renew, or the contractor posted a performance bond. Some states say that if you knowingly enter into a contract with an unlicensed contractor, you are not allowed to use the fact that the contractor is unlicensed as a defense for non-payment. Note that an unlicensed contractor can still file suit for fraud and deceit
  4. Sorry "Chiefslacka", but I think you COMPLETELY missed his point. 'Practice business without a license', not HIRE an unlicensed individual. Your answer has nothing to do with the actual question Sorry, I hate it when people don't read the whole question before "answering". An unlicensed tradesman simply means someone didn't PAY for a piece of paper, it does not mean their work is any less up-to-code...and they can get permits, the homeowner can get them anyway, it's not only the contractor's responsibility. To answer your question, boob, I heard the same thing. I would just hope your friend never has to contend with a non-paying customer. A lien is only good if the person gets money and can pay you...which rarely happens.
  5. Well depending on the trade the person is in. I run a drywall and insulation company and in my state ,you do NOT need a license to do drywall but you need a license for insulation. I have been to court over money not paid and she is required to pay me money owed,but not untill she gets the money.She had to pay restitution from the biggest amount owed to the smallest and of course i was one of the smallest owed. Maybey someday it will be like a gift in the mail.
  6. I own a large mid michigan corporation called "Doe in heat builders" and i have a license. I as well have a license to count stars and I have a license to kill heat vultures at any time of the year. I am SHWEET AUAUAUUUAUAUGGHH OH YEAH BABE!
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