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Protection Against Unlicensed Raleigh Construction Contractors


Homeowners in Raleigh, Cary, Holly Springs and the rest of the Triangle have faced damage from this year’s tornado, hurricanes, and other severe weather.  There are many home repair contractors seeking to do construction work resulting from these storms; not all are licensed and reputable.  North Carolina law protects homeowners from unlicensed contractors on jobs that exceed $30,000; unlicensed contractors are not able to enforce those contracts, whether they are express contracts or implied contracts.  Contact the civil law firm of Maginnis Law, PLLC at 919.526-0450 to learn more, or submit a new case inquiry here.

North Carolina law prohibits any person, firm, or corporation from contracting to perform construction work on a project that exceeds $30,000 without a validly issued license by the state.  The only exception is for individuals performing the work on their own homes.  In fact, performing such work is a misdemeanor crime under North Carolina law.  Homeowners, be wary of contractors who ask you to serve as the general contractor for the purposes of obtaining permits.  This means that they are likely not licensed and are using your name in an effort to avoid the unlicensed contractor law.

Contracts issued in violation of this law are not enforceable via the Court system.  They are also not enforceable via a claim of unjust enrichment, a frequently used tactic to enforce implied contracts.  There are some limitations on this rule: for example, a licensed contractor may contract to perform tasks his license does not qualify him to perform if he subcontracts such tasks to a contractor whose license covers such tasks.  But the general rule is that unlicensed contracts cannot enforce these contracts against homeowners.  As an added bonus, homeowners can enforce these contracts against the contractor.

If you are in a dispute with an unlicensed contractor, contact the construction law attorneys of Maginnis Law, PLLC to discuss your options.  Maginnis Law is a Raleigh civil litigation firm with civil attorneys handling cases in Raleigh, Cary, Apex, Morrisville, Wake Forest and other areas in and around the Triangle.  Contact the firm at 919.526.0450 or submit a new case inquiry here.

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