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Specialty Contractors Specialty Contractors are contractors whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts. Specialty contractors are not required to be licensed under the Act. Under OCGA 43-41-17(f), a specialty contractor may offer or contract to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work. A specialty contractor cannot perform work of other licensed professions under Chapter 14 ot Title 43 (mechanical, plumbing, electrical contractors, low-voltage contracting, conditioned air contracting and utility contracting). Specialty contracts may also perform work which would otherwise require a license, provided that work which would require a license meets the requirements of the $10,000 or 25% rule.
The Board created the policies to identify the work of specialty contractors or other criteria to determine eligibility under the exemption of the act. The policies were posted as of December, 2007 are (click the link for the policy): The Board has approved a number of new specialties which may be included in the lists above and is considering a number of others. Some listings, such as the one for Outdoor Environment, have been updated. Outdoor Environment listing was updated to reflect both Pool and Spa Professionals. A entirely new listing was created for Residential Kitchen and Bath Designers and Installers. In the interest of full disclosure, I should note that I have represented both associations that proposed these two specialty listings and I worked with the Board in obtaining approval of these listings. Be aware that as you review these policies that they have not been subjected to any judicial tests to determine their adequacy. A court may determine the policies are inconsistent with the legislative act or that some of the intended categories are too restrictive. Further the policies do not provide a great deal of detail about how they are to be implemented or interpreted in every day operations. There are some significant changes in this provision but there are some critical changes coming for Georgia's specialty contractors. Critical legal advice will be needed for specialty contractors to be sure that your contract is enforceable. Failure to structure your business and contracts appropriately could mean that you could do work for a consumer and not be able to afford your right to enforce the collection of that contract. |
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