NCLCLB at Green & Growin’ 23

During the Marketplace at Green & Growin’ 23, held Jan. 19-20 in Greensboro, NC, the North Carolina Landscape Contractors’ Licensing Board (NCLCLB) was among the event’s many exhibitors. The Marketplace was well attended, and it was nice to see so many green industry professionals walking the trade show floor — thank you to everyone who stopped by to say hello and chat! During the show, several visitors expressed an interest to us in pursuing their landscape contractors’ license, since their customers are, more and more frequently, asking if they are licensed. This correlates with our experience at the NCLCLB office, where we have seen recent increases in both scheduled exams and purchases of study manuals.

Notably, while on-site at Green & Growin’ this year, we answered numerous questions concerning the licensure law, and we surprised a few of the questioners with potential violations they may not have considered. For example, one landscaper mentioned that he did only maintenance work, which, in his view, exempted him from needing a landscape contractors’ license — a widespread misconception that could potentially lead to problems. According to the law, if an individual or company provides lawn mowing, turf edging and debris-removal services (i.e., “mow-and-blow”) only, they are in fact exempt from licensure. However, if an individual or company provides any other landscape services in addition to mow-and-blow work, and the total cost for all services is

$30,000 or more a year at a job site, they are not exempt under the law (N.C.G.S.§ 89D) and must hold a valid North Carolina landscape contractors’ license.

Note that the exemption is for lawn mowing, turf edging and debris-removal services only — all other services such as planting, mulching, managing gardens, lawns, etc., are not considered maintenance and are not exempt from licensure. A more thorough explanation can be found on the NCLCLB website at www.nclclb. com. Not surprisingly, after learning of this provision in the law, our visitor purchased the study manuals!

Several landscapers who stopped by the NCLCLB booth commented that they have never pursued a license because all of their projects fall under the $30,000 threshold. However, these individuals were unaware that even quoting a job of $30,000 or more without a license is a violation of the law. They were also unaware that subsequent customer specification changes that increase the cost of a project beyond the $30,000 threshold would put the landscaper in violation of the law, even though the original project cost was under $30,000. Given the increased cost of materials, gas and other project-related materials, staying under the licensure threshold is probably a money-losing proposition. These particular guests to our booth were directed to the NCLCLB website to obtain license applications.

The real shocker to landscapers who visited with us at the show was finding out that if they are unlicensed and carry out a job that costs more than $30,000, they may not get paid at all! In the North Carolina Supreme Court case Brady v. Fulghum, in which an unlicensed builder sued a homeowner for breach of contract, the court ruled that the homeowner did not have to pay the builder, even though the builder had “substantially complied” with the construction contract. The court reasoned that “a contract illegally entered into by an unlicensed general construction contractor is unenforceable by the contractor.”

While the courts have not yet applied this case to the practice of landscape contracting, two cases are currently before the judicial system, and it is possible the court may cite the ruling in Brady v. Fulghum as precedent and, using similar reasoning, rule that a customer in such a scenario does not have to pay an unlicensed landscaper. With that in mind, unlicensed landscapers may want to reconsider their indifference to getting a landscape contractors’ license.

The above are just a few examples of the value of attending events such as the Green & Growin’ trade show. If you aren’t continually learning, you aren’t growing — and you aren’t increasing your value to your customers. Also, if you aren’t a licensed landscape contractor, be aware that your competitors probably are! So be proud of your business, your work and your industry — earn your license, add the “Licensed Landscape Contractor” decal to your vehicles and let your customers know you are a professional landscape contractor!