VA Licensing

omalley

I was wondering if anyone knows the penalties for doing work in Virginia and not having a contractors license.

Mike(VA)

Why are you even asking a question like this? If you have done work w/o a license already, all you have to worry about is something that you did killing, maiming, or poisoning someone. Other than that, no one is likely to come looking for you. If you are currently doing work w/o a license, same thing, but mitigated if you are currently applying for a license through DPOR and the jurisdiction you are working in. If you are going to do work without a license, you better hope that I or any licensed, traded, insurured, worker's comped, and tax paying contractor doesn't find you.

I will tell you this; there is getting to be a lot of us out there who are not going to sit back and just watch you work anymore without saying and doing something about it. Your choice as to which direction you are going to go.

Now, maybe your question should be "How do I go about becoming licensed in Virginia and what else do I need to know to do things right?" When you ask that question, you will probably get all the help you need.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

tinner666

I just renewed one of my Licenses today.

I'm now hoping you find out what the fine is. And I bet you don't have a business lic either?????

__________________
Frank Slate Roof Repairs, Richmond, Va.

tthhi

I will preface this by saying I work in the northern virginia area and do have a license. I would like to know the penalties associated with this out of curiosity, any non flamers help on the topic in question? Search failed me!

Mike(VA)

First off, if you consider strongly suggesting to someone that asks a question like that to do things right is considered 'flaming', I am sorry for you. However, that said, it took me all of about 1 minute to find this information.

www.dpor.virginia.gov

Code of Virginia, Title 54.1, Professions and Occupations, Chapter 11, Contracting

Read:

54.1-1115. Prohibited acts.
A. The following acts are prohibited and shall constitute the commission of a Class 1 misdemeanor:
1. Contracting for, or bidding upon the construction, removal, repair or improvements to or upon real property owned, controlled or leased by another person without a license or certificate, or without the proper class of license as defined in § 54.1-1100 for the value of work to be performed.
2. Attempting to practice contracting in the Commonwealth, except as provided for in this chapter.
3. Presenting or attempting to use the license or certificate of another.
4. Giving false or forged evidence of any kind to the Board or any member thereof in an application for the issuance or renewal of a license or certificate.
5. Impersonating another or using an expired or revoked license or certificate.
6. Receiving or considering as the awarding authority a bid from anyone whom the awarding authority knows is not properly licensed or certified under this chapter. The awarding authority shall require a bidder to submit his license or certificate number prior to considering a bid.
B. Any person who undertakes work without (i) any valid Virginia contractor's license or certificate when a license or certificate is required by this chapter or (ii) the proper class of license as defined in § 54.1-1100 for the work undertaken, shall be fined an amount not to exceed $500 per day for each day that such person is in violation, in addition to the authorized penalties for the commission of a Class 1 misdemeanor. Any violation of clause (i) of this subsection shall also constitute a prohibited practice in accordance with § 59.1-200 provided the violation involves a consumer transaction as defined in the Virginia Consumer Protection Act (§ 59.1-196 et seq.), and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act.
C. No person shall be entitled to assert the lack of licensure or certification as required by this chapter as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge that a license or certificate was required by this chapter to perform the work for which he seeks to recover payment.
Failure to renew a license or certificate issued in accordance with this chapter shall create a rebuttable presumption of actual knowledge of such licensing or certification requirements.
(Code 1950, § 54-142; 1956, c. 397; 1970, c. 319; 1980, c. 634; 1985, c. 356; 1988, c. 765; 1990, c. 911; 1994, c. 79; 1995, c. 771; 1998, c. 691; 2000, c. 33; 2003, cc. 429, 430; 2004, c. 131; 2008, c. 294.)
prev | next | new search | table of contents | home

tthhi, if you were indeed licensed, you should know about DPOR and the Code of Virginia. You say you work in Northern Virginia so if you work in Fairfax County, you know that they can be very aggressive about people and businesses doing work without a license. They will take you to court.


Please read section 'B' carefully.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

Mike(VA)

omally, you should put your location in your profile so we know where you are. Your intentions may be pure as the wind driven snow, but I work in Northern Virginia, a hotbed of illegal immigration and unlicensed workers. As many of us have seen, those who operate like that are taking business from those of us who run our businesses properly. I just lost a job to someone who priced it at about half of what the materials alone cost. Could that be someone running his businesses legally? Yes, but I doubt it.

Try asking your question a different way including the reason you are looking for answers. I think you are a hit and run poster, though.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

SelfContract

Mike, Omalley = tthhi, period. (he scared of ya)

Mike(VA)

Selfcontract, could be that tthhi is one and the same, but I hope I scared both of them. I will gladly help anyone in Virginia looking to do things the right way, but dammit, this is my backyard. I am not going to let some stray mutt come in my yard and crap it up. Tinner will eat 'em up in Richmond, I'll take care of NOVA, BWALLEY can take care of Florida, and Bodger, bless his heart, can clean up California when he comes back online.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

rbsremodeling

I am about to apply for a Class B out there. But thinking I might as well get the A with all the work that is required for the B

__________________

Mike(VA)

Rory, the basic difference is that you need to provide proof of net worth of about $45K for an 'A', I think. Also, until you are an 'A' contractor, with BLD classification, you can't do ground up work and you are limited, as a 'B' contractor, to jobs no larger than $120K.

So, you want to come poaching in my backyard, huh?

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

rbsremodeling

I just keep getting Calls from up that way so I figure I'd get licensed up there. To be honest I would prefer to partner with some in VA like I did in Maryland.

__________________

Mike(VA)

Hey, Rory, if you are still listening, give me a call tomorrow anytime. 703-966-6092. Maybe there is something mutually beneficial we can work out. I don't work DC but occassionly get calls for work there. I just tell them I don't work DC and I don't want to work DC.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

rbsremodeling

I sent You a PM Mike

__________________

omalley

Holy crap, I didn't know I would light such a fire, but I understand why. Let me explain. I did a job in VA about 3 months ago, with no knowledge of needing a license. I have another job coming up and someone asked me if I had my VA license. I said no and started looking into getting one. I will be taking the prep class, the exam, and filing my application. I just started getting a little nervous when I found out I did work without a license. Didn't mean to piss anyone off.

Mike(VA)

omalley, makes it so much easier, and funner, , now that we know why you asked the question. Call it trial by fire but it looks like you came through ok. Personally, I wouldn't worry too much about what you did in the past. The DPOR link tells you all you need to know about licensing requirements.

There is a lot of work that can be done in Virginia that does NOT require a permit, but you still need a license from the State. My suggestion is just go for a Class 'C', HIC designation, (Home Improvement Contractor), as it is the easiest to get. Code tells you what you can and cannot do, but if I remember, a 'C' license allows you to do work up to $10K, each job, and I think max $120K a year gross. That should cover you for what you need to do.

Many jurisdictions up here require you to have a license to work in their area. If your company is in Virginia, you need to be based somewhere and that is where you get your primary license. You can find out their requirements easily but I think most exempt the first $25K. Good luck, I'm not pissed, and now I don't have to get even.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

tthhi

Class 1 misdemeanor, eh?

And for Mike...
have you ever heard the saying, a man who thinks everyone is a thief, is himself a thief?

I have a class A that I bought the stinking PSI books and studied for myself. What I was asking was, what type of charge is it? (answered: Misdemeanor class 1) and what is the penalty for that?

Also, I find it hard to believe that a policeman would serve that kind of charge, is it the commission who does it? (like in tin men)

Mike(VA)

Ah, another country heard from.

And for Mike...
have you ever heard the saying, a man who thinks everyone is a thief, is himself a thief?
Who said anything about thieving? Go back and read my OP and you will see that nowhere did I accuse him of anything. Go to the DPOR site and look up my name and you will see i am licensed as a Class 'A' contractor with a BLD designation. I am also licensed in Fairfax County and Manassas. Those are the only jurisdictions I currently do work in. When the need arises, I will get a license in other counties.

I have a class A that I bought the stinking PSI books and studied for myself. What I was asking was, what type of charge is it? (answered: Misdemeanor class 1) and what is the penalty for that?
My post #5 spelled it out clearly. Seems you only read the first line. Read:

B. Any person who undertakes work without (i) any valid Virginia contractor's license or certificate when a license or certificate is required by this chapter or (ii) the proper class of license as defined in § 54.1-1100 for the work undertaken, shall be fined an amount not to exceed $500 per day for each day that such person is in violation, in addition to the authorized penalties for the commission of a Class 1 misdemeanor. Any violation of clause (i) of this subsection shall also constitute a prohibited practice in accordance with § 59.1-200 provided the violation involves a consumer transaction as defined in the Virginia Consumer Protection Act (§ 59.1-196 et seq.), and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act.
DPOR has enforcement authority. So does just about every jurisdictions' Building Official. Fairfax County will prosecute fully.

tthhi, go back and read the OP's question. My point to him was different than to you. I couldn't tell from his post whether he wanted to see what the risk was for working w/o a license, sort of establish a risk/benefit ratio and go from there, or whether he wanted to do it right.

You, on the other hand, say you have a Class 'A' license and part of the responsibility for having the license is knowing this information or knowing where to find information like this. The Code of Virginia is what governs all we do. Seems like you are getting your knickers in a knot over nothing.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

YomsDesigns

Hey guys,
I have a class C license and is about to contracting a job that is more than the C allow. What do you guys suggest?

Mike(VA)

Split the job into two parts, two separate contracts. Your are working the system, but it is legal.

__________________
__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor