Personal Injury and Contractor Licensing
Brien Roche
Construction contractors and tradespeople are required to be licensed in Virginia. Virginia Code § 54.1-1103(A) requires that “[n]o person shall engage in or offer to engage in contracting work or operate as an owner-developer unless he has been licensed or certified under the provisions of this chapter”. The chapter creates three classes of contractor licenses: A, B and C. The licensing requirement in general applies to contracting for, bidding on, constructing, removing, repairing or making improvements to real property owned, controlled or leased by another person. A violation of the statute is a Class I misdemeanor.
In addition the Virginia Consumer Protection Act provides enforcement provisions.
The Board of Contractors regulations establish classifications and specialties for contractors.
A tradesman is any individual who engages in or offers to engage in work for the general public for compensation in the trades of electrical, plumbing, heating, ventilation or air conditioning. Virginia Code § 54.1-1128 A tradesman is also required to be licensed.
Lack of Licensing May be a Defense
A person cannot assert the lack of a trade license as a defense if the unlicensed person provides substantial performance in good faith and without actual knowledge of the licensing requirement. Virginia Code § 54.1-1135(C)
If an unlicensed contractor intends to claim a mechanic’s lien, then it must possess the requisite contractor’s license to do so. Virginia Code § 43-3 In the context of a civil action brought by a contractor to collect contract amounts, the contractor probably is going to be governed by Virginia Code § 54.1-1135(C). That states that a person may assert lack of licensing or certification but if there has been substantial performance and the contractor acted without actual knowledge of the licensing requirement, then the lack of licensing/certification may not be a bar.
Personal Injury Contractor Licensing
Some Case Law
In Zadnik Homes Corp. v. Devesa, 48 Va. Cir. 526 (1999), the contractor failed to comply with regulations for the drafting and execution of residential construction contracts. The court said in that instance, for the defendant to avoid the contract, it must show prejudice.
In Prepakt Concrete Co. v. Medicorp Properties, Inc., 33 Va. Cir. 385 (1994), the issue was whether or not a subcontractor who had inadvertently allowed his license to expire could collect in a civil action. In this case, the contractor had subsequently reinstated the license. The court denied any recovery under the subcontract.
An unlicensed contractor whose contract has been declared invalid cannot get around the licensing requirements based on a quantum meruit claim. In re: Country Green Ltd. Partnership, 438 F.Supp. 701, 706 (W.D. Va. 1977)
Reciprocity
Virginia does not offer contractor licensing by reciprocity. It does however offer trade licensing by reciprocity. The out-of-state individual must apply for the Virginia tradesman license before the work commences.
Work with an Experienced Personal Injury Lawyer
Call, or contact us for a free consult. Also for more info on construction accidents see the Wikipedia pages. Also see the post on this site dealing with construction accident issues.