Welcome to Georgia Residential Contractor
This webpage provides critical information to Georgia contractors and construction related industries about contractor licensing and construction and building matters. Residential and Commercial Contractors are required to have state contractor licenses (for any job in excess of $2,500) unless otherwise exempt (such as specialty contractors).
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Have a issue regarding a state contractor license? Having trouble getting your state license? Have a license issue before the Board? Be sure that you don't trip yourself up. I have sat through a number of hearings where I have seen an unprepared contractor (some with legal counsel) actually do damage to their own
case because they said things unrelated to the direct case which demonstrated their violation of law. Before you go before the Board for any alleged violation of the state contractor licensing law, be sure you know your case and to have someone there to represent you who knows the state contractor licensing law. This is not the time to "wing it". I am available to help you prepare your case for you to present or to present it for you. |
My Contract is Unenforceable? Why does a contractor want to be sure to comply with the state licensing law? There is a HEAVY HAMMER given the consumer: Any contract entered into after July 1, 2008 for the performance of work for which a residential contractor or general contractor license is required, which contract is between an owner and a contractor who does not have a valid and
current license required for such work (determined as of the date of entering into the contract) is UNENFORCEABLE. If the contract is unenforcable, no lien or bond claim in favor of the unlicensed contractor for any labor, services or materials shall exist in favor of the contractor. I am a sub or supplier, why do I care if the contractor is licensed? You do care... because let's be clear, in the residential arena, many contractors do NOT have deep pockets. If you are working under a subcontract for an unlicensed contractor who needs to be licensed or if you are a supplier to one, if the consumer does not have to pay the contractor, you may not get paid and your lien rights may be barred. |
Reporting A Complaint to the State Licensing Board
How do licensed contractors who lose a bid for a project which requires a state contractors license to an unlicensed contractor report that violation of law:
Complaints must be reported to and received by the Board in writing. Written complaints may be submitted to the Board office or online. Documents received in connection with a complaint will not be returned. The complaint must contain sufficient factual evidence indicating a clear violation of Georgia law or Board rules.
In simpler terms, if you know the overall scope of work for the project from your bid (or you can get that information from other sources), the name of the contractor, the failure to pull a permit (or if one is pulled, the info from the permit), pictures of the work being done are the evidence needed. If they are constructing a new room, pictures of the slab, the framing going up are helpful. In other words, the evidence is needed. It has to be laid out for the Board to show at least a case exists. Unfortunately with the cut backs in the state budget and the investigative offices, this is even more critical than ever.
Can a contractor file a complaint against an unlicensed contractor violating the law?Definitely yes! Let's do the industry and consumers a favor. Let's stop unlicensed contractors from performing work which requires a license. Remember however that it takes more than just telling the Board "hey, so-and-so is unlicensed." It takes sufficient factual evidence. I help contractors (and consumers) pull together complaints. One more thing to remember, complaints have a terrible backlog and take a long time for the process to work through the Board system. I
have had one or two licensed contractors stop by the consumers home and in a very nice way suggest that they may want to check out my consumer website: bewareofcontractor.com
Complaints must be reported to and received by the Board in writing. Written complaints may be submitted to the Board office or online. Documents received in connection with a complaint will not be returned. The complaint must contain sufficient factual evidence indicating a clear violation of Georgia law or Board rules.
In simpler terms, if you know the overall scope of work for the project from your bid (or you can get that information from other sources), the name of the contractor, the failure to pull a permit (or if one is pulled, the info from the permit), pictures of the work being done are the evidence needed. If they are constructing a new room, pictures of the slab, the framing going up are helpful. In other words, the evidence is needed. It has to be laid out for the Board to show at least a case exists. Unfortunately with the cut backs in the state budget and the investigative offices, this is even more critical than ever.
Can a contractor file a complaint against an unlicensed contractor violating the law?Definitely yes! Let's do the industry and consumers a favor. Let's stop unlicensed contractors from performing work which requires a license. Remember however that it takes more than just telling the Board "hey, so-and-so is unlicensed." It takes sufficient factual evidence. I help contractors (and consumers) pull together complaints. One more thing to remember, complaints have a terrible backlog and take a long time for the process to work through the Board system. I
have had one or two licensed contractors stop by the consumers home and in a very nice way suggest that they may want to check out my consumer website: bewareofcontractor.com
FAQ about Contractor Licensing
What are some of the duties of Licensed Contractors?State Licensed Contractors have duty to report changes to the State Licensing
Board. Rule 553-11-.01 requires that any licensees report changes to the State Licensing Board. |
What if I just ignore the licensing requirement?
In addition to potential criminal and board sanctions, performing
work for which a license (if required because you do not fall under an exception) means that your contract is unenforceable at law or in equity. Also you cannot lawfully pull building permits that may be required. |
When can I take the exam? What will be on the test?The testing process is outlined by the Board. Be sure to
download and review the Candidate Information Bulletin. For information regarding the examination, visit PSI's website. The website and bulletin detail the specific requirements for the books permitted and any markings in the books. The licensing act provides that the purpose of the test is to determine applicant’s ability to make practical application of knowledge of profession in the subcategory including (A) qualifications in reading plans and specs, (B) knowledge of building codes, estimating costs, construction, ethics, contracting and other similar matters, (C) knowledge of responsibility to public, owners, subcontractors and suppliers and (D) knowledge of state law relating to contractors, workers comp, insurance and liens. |
What if I filed bankruptcy?It depends. The residential division has determined in August 2009
that it would NO longer place an applicant's license on probation if the applicant has a current or recent Chapter 11 or Chapter 13 bankruptcy. Licensing board staff, however, may continue to administratively approve applications where the applicant has a current or recent Chapter 7 bankruptcy and refer the applicant to the attorney general's office for a consent order that would put the license on probation for the duration of the bankruptcy, plus an additional 24 months from the date the bankruptcy is discharged. |
What if I have a prior criminal conviction? What if I have a
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