Q: When does licensing go into effect? A: The licensing law for residential and general contractors was passed in 2004 but the actual requirement to have a license is set to go into effect on July 1, 2008. On the effective date, all residential and general contractors, unless specifically exempted or below the threshold requirements, MUST have a license to conduct business.
A: In addition to potential criminal and board sanctions, performing work for which a license ir required (unless permitted under an exception) means that your contract is unenforceable. See my discussion of the heavy hammer.
A: The testing process is outlined by the Board. Be sure to downlown and review the Candidate Information Bulletin. For information regarding the examination, visit PSI's website. The website and bulletin detail the specific requirements for the books permitted and any markings in the books. The licensing act provides that the purpose of the test is to determine applicant’s ability to make practical application of knowledge of profession in the subcategory including (A) qualifications in reading plans and specs, (B) knowledge of building codes, estimating costs, construction, ethics, contracting and other similar matters, (C) knowledge of responsibility to public, owners, subcontractors and suppliers and (D) knowledge of state law relating to contractors, workers comp, insurance and liens.
Q: What is the licensing period? Cost?
A: Licenses will be valid for 2 years. Initially there is a $200 filing fee. This does not include testing fees. Q: I failed the exam. What can I do?
A: We are still waiting for the Board to interpret the language and to cover it in a rule but OCGA 43-41-6(g) an applicant who fails an exam may be reexamined at any regularly scheduled exam within 1 year of original application upon payment of reexamination fee without having to resubmit an application (except for changes or anything which has become inaccurate).
If a 3d exam or more is needed, the applicant is to wait at lease 1 calendar year after the taking of the last examination and must submit a new application as well as appropriate examination fees.
Q: How do I keep informed about what is happening with state licensing?
A. Official information is available from the State Board for Residential and General Contractors at 478.207.2440 or from their website. To sign up for the newletter, click on the contact page and send me your email address or email me directly at kmv@georgiaresidentialcontractor.com. The first newsletter is expected in Summer, 2007 and will cover recent changes in the law made by the legislature.
A: It depends. The residential division has determined in August 2009 that it would NO longer place an applicant's license on probation if the applicant has a current or recent Chapter 11 or Chapter 13 bankruptcy. Licensing board staff, however, may continue to administratively approve applications where the applicant has a current or recent Chapter 7 bankruptcy and refer the applicant to the attorney general's office for a consent order that would put the license on probation for the duration of the bankruptcy, plus an additional 24 months from the date the bankruptcy is discharged.
A: The policy for all licensing boards for withholding the licenses of those who have defaults on federal student loans states that the license may be suspended. See the full policy.
A: The Board has the authority to refuse to grant a license to an applicant for convictions of felonies or crimes of moral turpitude (OCGA 43-1-19(a)(3)). The Board may even review convictions given first offender treatment and in some cases, other than a plea of nolo contendre, when an adjudication of guilt or sentence was otherwise withheld or not entered (OCGA 43-1-19(a)(4)). A licensee who is convicted of a felony is required to report the conviction within 10 days (OCGA 43-1-27).
A: The newsletter is free. The cost for other services (such as a membership subscription to contractor only pages with important legal information for contractors including but not limited to licensing) has yet to be determined but it will be cost-effective and very reasonable. Also membership will entitle you to special member discounts and alerts including discounted rates for on-line legal forms and other documents.
This page was last modified on 09.22.2009 03:40 PM