Unlicensed
Contractors
How to Protect Yourself
Protect yourself by avoiding unlicensed
contractors. Volusia County is committed to protecting its residents from
unlicensed contractor activities and scams. Volusia County has adopted an
ordinance, which enables the county's staff to write citations imposing
fines against violators in the un-incorporated area of Volusia County.
Working without the proper license is against the law. Be aware of what
can happen if you hire an unlicensed contractor. If the work is not done
to code or workmanship standards there is no recourse against the
unlicensed contractor, other than through the civil courts. Contractor
license information can be located on this Web Site. Unlicensed
activity searches can be performed at the
DPBR web site.
A Handyman is not a licensed contractor and
cannot obtain building permits. If you want to find out if an individual
is properly licensed, please call Volusia County Contractor Licensing at
(386) 736-5957 Option 2.
Don't Get
Stung Brochure
This brochure gives some basic information on
unlicensed contractors and what to look out for.
Warning Signs of an Unlicensed
Contractor
- If a large down payment is requested
before the work begins, you might be at risk. Only partial payments
should be made until work is completed. Many requests for money are made
during early phases of construction.
- If you are asked to pay in cash or make
your check payable to an individual or "cash" instead of a company name,
you may be dealing with an unlicensed individual.
- If you are told the job does not require
a building permit check with your local building department before
proceeding. Almost all projects and repairs require permits.
- If the contractor is willing only to
work on weekends and evenings, it may be a sign the person is an
employee who is moonlighting without a license.
- Be wary if someone other than the person
or company contracting to do the construction work obtains the building
permit or you are asked to obtain the building permit. If you do so, you
will be responsible for complying with the Florida Building Code and for
workers injured on the job. (Your standard homeowners insurance does not
cover injuries to workers on a jobsite).
- Contractor displays only a Business Tax
Receipt. (A Business Tax Receipt is not a license to perform contracting
work.)
- Newspaper/flyers or yellow page ads
where only the telephone number appears and there is not a license
number.
- License numbers are not on the vehicle,
business cards, contracts, flyers, newspaper or yellow page
advertisements.
You, the homeowner, can also ASK
QUESTIONS
- Ask what type of license they have. The
license should be issued from Volusia County, the Department of
Business and Professional Regulation or other appropriate licensing
authority.
- Ask to see a copy of their license. In
order to lawfully engage in contracting, a contractor must be either
State Registered, State Certified or Locally Licensed.
- Ask for a copy of their liability and
workman's compensation exemption or insurance. Licensed contractors must have general
liability and workers compensation exemption or insurance in force at all times.
- If using a small, independent
contractor, request to see a professional license and a driver's
license. The names should be the same.
When hiring a
contractor
- Anyone claiming to be a licensed
"handyman" is not telling the truth; there is no such license. If they
are doing structural, plumbing, electrical, HVAC, roof or similar repair
tasks on your home without a county or state license for those trades,
they are doing unlicensed work.
- Obtain estimates from at least three
contractors. They should specify such items as the quality and type of
materials to be used and how long it will take to complete the work.
- Don't choose a contractor based on price
alone. Ask for references and how long a contractor has been in
business. Check out work the contractor has done for others.
- Check if your contractor has any
unresolved complaints, and if his or her license has ever been revoked
or suspended. To check if a construction company is incorporated with
the state and for how long, go to
www.sunbiz.org. Check the Better Business Bureau's website for any
complaints filed against the company.
www.bbb.org.
- Get any proposal, contract or agreement
in writing. Be aware if your contractor fails to pay his suppliers or
subcontractors, you may be liable. To prevent this, get a written
"release of lien" from the contractor before making a lump sum or final
payment for any work.
Remember a business tax receipt is not a license to perform contracting work. If in
doubt, you can always call us at (386) 736-5957, Option 2.
Homeowners who hire unlicensed contractors
face several potential costly penalties. The Department of Business and
Professional Regulation can issue an order to stop construction and can
levy a $5,000.00 fine for aiding and abetting unlicensed contractors.
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