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Sponsored by Lorman Education
Product ID: 407013EAU
 
Credit & Course Provided by:

Contractor Licensing Issues: How Invalid Licensure Affects Your Right to Contract and Compensation

OnDemand Webinar (90 minutes)

Recognize situations which lead to license law violations and the range of penalties which exist.Contractor licensing laws are complicated and vary by state. Not only do licensing requirements differ by state, the penalties for license law violations also differ greatly. Those penalties can be onerous. This course is intended to provide a practical primer on contractor licensing concepts and pitfalls. Particular emphasis will be given to common situations where contractors violate license laws and the penalties associated with non-licensure or invalid licensure.

Authors

Robert G. Campbell, Cox, Castle & Nicholson LLP Trevor B. Potter, Cox, Castle & Nicholson LLP

Agenda

The Licensing Laws

• General Purposes

- Health and Safety

- Compliance With Contracting Laws

- Competence

- Protect Consumers

• Governed by State Statutes

- Review of Sample State Statutes

- Public Works Require Responsible Bidders

License Types and Requirements

• Individual License

• Partnership License

• Corporate License

- License Qualifier: Bona Fide Employee, RMO/RME Duties

• Home Improvement

• General and Specialty Contractors

Common Licensure Violations

• Contracting Without a License

- Substantial Compliance

• Contracting Outside Scope of License

• Failure to Replace Disassociated RMO/RME

• Sham Qualifier/Renting a Qualifier

- Retroactive Invalidity

• Failure to Pay Workman's Compensation/Bonding Requirements

• Failure to Pay Judgment

Consequences of Invalid or No License

• Bar to Payment (the Shield)

• Disgorgement of Compensation Paid (the Sword)

• Suspension/Inability to Work

• Regulatory Discipline

• Criminal Liability

Impact on Legal Actions for Compensation

• Inability to Sue for Payment

• Reduction of Claim

• Belated Discovery of Violations

- Statutes of Limitations

Case Studies

• Brief Survey of Notable Cases in Various Jurisdictions

Practical Steps to Avoid Licensure Violations

• Know License Requirements

• Periodic License Evaluation