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Question DetailsAsked on 1/6/2014

I hired a general contractor in the state of Georgia who claimed to be licensed, but he's not. What's my recourse?

The contractor encouraged us not to get a permit for the build we wanted to do because he said it wasn't necessary. He lied, and we got fined. We then discovered he isn't actually licensed. He claims he has a business partner, and he works under that person's license. We were finally able to pull a permit under that person's license, but I'm concerned this might be illegal. I have researched and discovered that this "business partner" is not actually listed as part of his company. The other man is framer that he regularly works with. My shady contractor now claims this permit has cost him unforeseen expenses and a 7-week estimated job has lasted 6 months with only 50% of the work done. I'd like to know if I have legal recourse.

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Sounds like you need more than a Bar Room lawyer for advice. I would think the fact that he misrepresented himself would void the contract and possibly he will face fines and the possibility of having to return any monies paid by you. My advice would be to talk to a lawyer.


Don

Answered 5 years ago by ContractorDon

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If the person who is licensed is not actually working and supervising the work, then your contractor cannot legally work under that person's license.

In some states, this kind of fraud not only makes the contract voidable by you, but prohibits him from keeping ANY payments received, so he gets nothing !

You need an attorney specializing in contract law, preferably construction contracts, and also should talk to the investigator at the state contractor's licensing board about possible forms of recourse against him. And of course, once all is said and done and resolved, an Angie's List review - maybe a simple one now with simple facts to date, then edit to a final version down the road ?

Obviously, every case is different and the facts are not all known here, but generally in this sort of case the only amounts he will be able to prevail on are his actual expenses for work done properly and materials delivered to the job, MINUS anything you have to pay another contractor to repair/redo that same work to date if it was not done right.

Talk to attorney about contract voiding for fraud and misrepresentation, getting most or all your money back, and possibly filing a claim with the contractor's bonding company for funds to complete the job.

PS - file an appeal on the fine regarding the permit, if worth pursuing it. If you can prove to their satisfaction that the contractor told you it was not necessary, expecially if he was misrepresenting his status to you, they will commonly repeal the fine and fine him instead. Otherwise, add cost of the fine to the amount you are claiming against him.

Answered 5 years ago by LCD




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