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NC Landscape Contractors’ Licensing Board Update
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More than 50% of complaints
received by the North Carolina Landscape Contractors’ Licensing Board (NCLCLB) are for unlicensed practice. If a job exceeds the $30,000 threshold — regardless of the amount of the initial quote — a landscape contractor’s license is required by law. Failure to comply with this requirement might land you in court.
The NCLCLB recently had a case in which an individual was bidding on hardscape jobs and subcontracting completion of the work to an unlicensed entity. Even though the person bidding the job didn’t perform any of the work, he was still in violation of the law for quoting landscape services valued at more than $30,000. The unlicensed subcontractor also violated the law by performing the work. In addition to petitioning the court to issue an injunction against both the individual and the subcontractor for unlicensed practice, the NCLCLB also asked the court to direct the parties to reimburse the NCLCLB for the cost of the investigation. As a result, court costs and attorney fees for both parties ended up being more than the cost of a landscape contractor’s license.
Still not convinced that you
should be licensed? Then consider this: If you’re unlicensed and perform work valued at $30,000 or more, your customer may not have to pay you! In the North Carolina Supreme Court case Brady v. Fulghum, an unlicensed building contractor sued a homeowner for breach of contract for nonpayment. However, the court ruled that the homeowner did not have to pay the contractor — even though the contractor “substantially complied” with the construction contract — since “a contract illegally entered into by an unlicensed construction contractor is unenforceable by the contractor.”
While the courts have not yet applied this case to the practice of landscape contracting and construction, one such case is currently before the court. The property owners in that case, who are under contract with an unlicensed contractor for a project of $30,000 or more, may very well petition the court to uphold the previous judicial precedent established by Brady v. Fulghum. If the precedent is upheld, the property owners would not have to pay the unlicensed landscape contractor, as the contract or agreement would be deemed unenforceable.
For just a few hundred dollars each year, you can avoid these pitfalls — and gain the support and assistance of the NCLCLB. In addition to protecting you, your license also will help expand your market by allowing you to bid on larger jobs. Plus, the license’s continuing education requirement will imply to potential customers that you have the expertise they seek for their projects. So make a commitment to your business and profession — and avoid potentially costly troubles later — by becoming a licensed landscape contractor today!
