Menu
Home>Levelset Community>Legal Help>What else can I do?

What else can I do?

VirginiaCollectionsPayment DisputesPrompt Payment

What if I did the work without a contractor's license? I don't think I can do a mechanics lein but are there any other legal routes I can take to force payment? What if I get a contractor's license after the job has been completed? I have an approved estimate and text messages verifying amounts to be paid

2 replies

Jan 6, 2023

You can't remedy the lack of a contractor's license in Virginia by getting one after the fact. if a contractor's license was required for the work performed, the lack of a proper license would likely invalidate any lien (assuming the court would even accept the lien for filing without proof of valid license listed, which is required to be provide by code), and with limited exceptions, would also result in dismissal of any breach of contract claim in court. There are certain activities that per the Virginia Statewide Building Code do not require a contractor's license, including 

  • Fences under six feet,
  • Replacements of doors or windows,
  • Replacements of plumbing fixtures without water supply or distribution alteration,
  • Roof replacement,
  • Flooring finish installation or replacement,
  • Cabinetry or trim, and
  • Painting or wallpapering.

In fact, Arlington, Fairfax, and Prince William Counties each state on their respective websites that permits are not required for the replacement of windows, installation of residential cabinets, installation of floors or finishes, or painting and wall papering.

1 person found this helpful
Helpful
Jan 7, 2023

Performing work in Virginia without the proper contractor's license is a Class 1 Misdemeanor punishable via fine of $500 per day for each day that such person is in violation. The only "out" from not being in violation and still being able to pursue recovery via a breach of contract action is per Section 54.1-1115(C) of the same Code section, which states: "A construction contract entered into by a person undertaking work without a valid Virginia contractor's license shall not be enforceable by the unlicensed contractor undertaking the work unless the unlicensed contractor (i) gives substantial performance within the terms of the contract in good faith and (ii) did not have actual knowledge that a license or certificate was required by this chapter to perform the work for which he seeks to recover payment.

1 person found this helpful
Helpful