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).

Problems with Your State License?

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.

Unlicensed Contractor?
Your Contract may NOT be enforceable.

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

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
criminal conviction while licensed?

The Board has  the authority to refuse to grant a license to an
applicant for convictions of felonies or crimes of moral turpitude
(OCGA 43-1-19(a)(3)).  The Board may even  review convictions
given first offender treatment and in some cases, other than  a plea
of nolo contendre, when an adjudication of guilt or sentence was otherwise
withheld or not entered (OCGA 43-1-19(a)(4)).   A licensee who
is  convicted of a felony is required to report the conviction within 10
days (OCGA 43-1-27).