Landscape Contractors’ Licensing Board AROUND THE INDUSTRY Splitting Invoices, License Lending and Anonymous Complaints … Oh My!

Almost certainly, there are unlicensed landscapers out there right now flying under the radar. Perhaps they are only doing a job or two in excess of $30,000, or maybe they are splitting invoices to avoid the appearance that a job is over $30,000. Regardless, whether intentional or not, they are likely in violation of North Carolina law.

These unlicensed contractors might be doing jobs using a licensed landscape contractor’s license “to get started” or “to do this one job.” However, allowing an unlicensed landscaper to use a licensed landscape contractor’s license — for any reason — is considered license lending and is a direct violation of the law. In such cases, not only would the unlicensed landscaper be guilty of unlicensed practice, but the licensed landscape contractor would be guilty of license lending — and both parties would be subject to disciplinary action by the North Carolina Landscape Contractors’ Licensing Board (NCLCLB).

It is also important to note that an unlicensed landscaper doing landscape work for an exempt general contractor who is a building contractor, residential contractor or public utilities contractor may still be in violation of the law, unless they are W-2 employees of the exempt general contractor or the project falls under $30,000, inclusive of all costs. In this example, the building contractor, residential contractor or public utilities contractor has no liability, since they would be exempt; however, the unlicensed landscaper would not be exempt from any liability!

In a previous issue of Nursery & Landscape Notes, it was noted that at Green & Growin’ 23 in Greensboro, several unlicensed landscapers stated that they have quoted jobs at or above the $30,000 threshold, not realizing that just quoting a job of $30,000 or more is a violation of the law. And some stated that they intentionally quote jobs for just under $30,000 to avoid the threshold — however, doing so is risky, as any change that pushes the project cost above $30,000 could lead to legal violations.

For those contractors, it’s only a matter of time before they find themselves facing a judge.

The NCLCLB can and does investigate all unlicensed practice cases. More than half of the unlicensed cases in 2022 raised probable-cause issues for the board to pursue disciplinary action, sometimes resulting in consent agreements that permanently bar unlicensed individuals from landscape construction or contracting in North Carolina until they are properly licensed. Failure to comply or further violations can compel the NCLCLB to take legal action, incurring significant costs and damage to the reputation of the unlicensed individual or company.

The NCLCLB is committed to supporting licensed landscape contractors and protecting the public by upholding North Carolina law. However, the board does not investigate anonymous complaints (Chapter 28B; Section .0701 of the North Carolina Administrative Code) — and for good reason. Since anonymous complaints could be submitted with no accountability or consequences, they could be malicious and completely unfounded, intended only to cause trouble, expense and reputational damage to a landscaper. As such, anonymous complaints open the door for abuse by people wanting to engage in retaliation against businesses or individuals. Additionally, they can be a tremendous waste of resources, preventing the NCLCLB from addressing genuine issues that truly safeguard the life, health and property of the public.

If you are an unlicensed landscaper or are considering starting a landscaping business, make the effort to become a licensed landscape contractor — 32 new professionals have done just that within the past nine months. Taking this important step will provide professional recognition for you and add value for your customers — and keep you from hearing from the NCLCLB’s attorney. So join the more than 2,000 current licensees and let your customers proudly know that you are a licensed landscape contractor!

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JANUARY 10-12

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