Levelset visitors can also get a free Procore account.

Payment Laws Every Construction Business Needs to Know

Laws provide structure to our society and the way we run our businesses. There are a wide variety of laws that affect the relationships formed during a construction project. From contracts to mechanic’s liens, prompt payment, and licensing — these construction laws all affect contractors’ and suppliers’ ability to get paid. Construction companies need to be aware of these laws and make sure that they are following them. Otherwise, they may unwittingly give up their rights to collect payment for work they’ve performed.

Contract law

Contracts form the basis for all relationships in the construction industry. From architects and engineers, to subcontractors and suppliers, everyone is linked by a contract, whether written or verbal. Although written contracts are not required for every agreement, they are strongly recommended by construction attorneys and insurance companies as a way to protect everyone involved. In addition, a written contract may be needed to secure mechanics lien rights, as several states require a written contract in order to secure and maintain those rights.

Contracts often contain specific clauses that describe how payments will be made and their timing. These clauses should be reviewed carefully, as they can restrict lower tier contractor’s rights to collect in a timely fashion. In particular, pay if paid, pay when paid, and flow down clauses can affect when, and even whether, a subcontractor or supplier gets paid.

When disputes arise on a project, contract provisions spell out the procedures for filing a claim against the other party to recover losses. Such notice requirements have to be followed precisely to protect the right to file a claim. Breach of contract is often a major part of any claim, and clauses pertaining to it should be looked at carefully.

Mechanics lien laws

Each state has its own construction laws regarding the filing of mechanic’s liens to protect construction payments. The jurisdiction of these laws is determined by the location of the property, not the contractors involved. Contractors and suppliers should be familiar with the rules and requirements for the states they perform work in.

Mechanics lien laws can be quite complicated, with specific requirements for notices and timing of filings. Laws may require the filing of preliminary notices that let property owners know a company is working on or furnishing materials to the project. A notice of intent lets the owner know that a lien will be filed if payment is not received promptly. Lien waivers are often exchanged for payments to protect owners from fraudulent lien claims.

Some states allow all contractors and suppliers to file a lien for the total amount of work that they have provided, often called a full-price lien. Other states mandate that liens can only be filed for the balance that has not been paid to the general contractor or prime, called an unpaid balance. This means if the GC has been paid in full for a project, lower-tier subs and suppliers could lose their lien rights.

Prompt payment laws

Prompt payment laws cover federal, state, and sometimes even private projects, in most states. They help ensure that project owners make timely payments to general contractors, and that subcontractors and suppliers are also paid within a reasonable timeframe.

These laws pertain to projects funded by the federal government, state government, and in some states even to privately funded projects. If payment is not received within the timeframe set by the laws, contractors and suppliers can send demand letters based on the statutory requirements.

Although these demand letters are not liens, they provide notice to the owner that payment hasn’t been received and provide incentive for prompt payment.

Miller Act and public construction laws

The Miller Act requires general contractors on federally funded construction projects to post a payment bond that guarantees payments to subs and suppliers on the project. If a subcontractor or supplier is not paid by the general contractor, they can file a claim against the payment bond and receive funds from the surety company.

Many states have enacted similar laws, often called Little Miller Acts, to protect subcontractors and suppliers on state-funded projects. On these projects, unpaid subcontractors and suppliers file a claim against the payment bond posted by the general contractor.

Retainage laws

Retainage is often treated separately by prompt payment and mechanics lien laws. States may have specific deadlines and notice requirements that pertain to the collection of retainage. Because these funds are often held until the project is completely finished and the owner has moved in, contractors may wait six months or more for final payment.

Licensing laws

Unlicensed contractors do not always have the right to file a mechanics lien or even file a lawsuit to collect unpaid amounts. In some states contractors must be licensed in order to retain their lien rights or file a lawsuit to collect unpaid funds, like California and Washington. Other states, like Louisiana, penalize unlicensed contractors by allowing them to only recover a certain amount for their work.

Not all states require contractors to be licensed, but where it’s required it is beneficial for both the contractor and their customers. Licensing protects consumers and property owners from unscrupulous companies and those that provide low-quality work or don’t warranty their work.

Read the guide
The Ultimate Guide to Contractors License Requirements in Every State

Homeowner protection construction laws

Residential contractors who are working for a homeowner on their primary residence (called a homestead in some states) may be subject to additional requirements through the state’s mechanics lien laws or licensing laws.

For example, in Texas, in order to file a lien on a homestead, there must be a signed contract between the owner and prime or general contractor. The contract must be in writing, be signed before any labor or materials are furnished, be signed by both spouses if the owner is married, and must be filed with the County Clerk. If any of these requirements are not met, the prime contractor and any subcontractors or suppliers working on the project lose their right to file a lien on the property.

Before starting work in a new state, be sure to check the lien and licensing laws so you know what to expect.

Know which construction laws apply to you

Contractors and suppliers need to be aware of the various construction laws that apply to their projects. These laws are put in place to protect contractors and their customers and provide guidance and resources to collect payment.

Companies that do not follow these laws and their requirements may find that they have limited options when it comes to collecting payments.


Granite Construction for Subcontractors: Guide & Payment Resources

If you’ve been around infrastructure jobs for a while, you know Granite Construction is one of the best names in the game. And subcontracting with Granite could be a great way to fill your funnel and grow your business. With ongoing projects and a nationally recognized name behind you, it could be an excellent move for your company. That is, if it’s a good fit.

Before you even consider bidding on a project with Granite Construction, you need to do as much research as possible. You want to know ahead of time whether the companies will work well together or mix like oil and water. That’s why Levelset put together this subcontractor’s guide to working with Granite Construction, so keep reading to learn more about this infrastructure giant.

Granite Construction company overview

Granite Construction’s roots date back to the days right after the gold rush, when a banker and his son started a granite business from an old quarry in Watsonville, California. In the years that follow, Granite Construction would start rebuilding San Francisco’s infrastructure after The Great 1906 Earthquake.

Today, Granite Construction is an award-winning infrastructure builder, winning a 2021 CIO 100 award for innovation, strategy, and excellence. Along with locations in Mexico and Canada, Granite now has several offices and quarries in:

  • Arkansas
  • California 
  • Colorado
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Tennesee
  • Texas
  • Utah
  • Washington
  • Wisconsin

Granite Construction’s areas of expertise include:

  • Transportation
  • Water treatment
  • Specialty mining, tunneling, oil, gas, and renewable energy
  • Materials mining
  • Federal projects

Before working with Granite Construction

Anytime you’re working with a new general contractor, it pays to do as much research as possible before you sign a contract. You want to take the opportunity to prequalify them just as much — if not more — than they’re prequalifying you.

But prequalifying a general contractor might be new to your policies. The good news is that Levelset aims to make it as simple and painless as possible. Here’s a roadmap to prequalification:

During the process of prequalifying a business, it’s doubtful that you’ll find a squeaky clean company history. Construction is a tough business, and Granite has been in it for over 100 years. With that type of history, there’s bound to be a rough patch or two along the way. 

Don’t let that deter you. Not right away, at least.

Instead of just shutting the book on Granite Construction because of a few red flags, reach out to them for answers. Give Granite, or any company you’re prequalifying, the opportunity to explain what happened. Remember that a slighted subcontractor is much more likely to complain about a company than a happy one is to brag about them. Hear out Granite’s side of the story — their willingness to talk might mean more than a sub’s poor review.

Granite Construction’s Payment Profile

As mentioned, Levelset wants to make the prequalification process as smooth and painless as possible while also offering all the info you might need. That’s why we put together our Contractor Payment Profiles. These reports take a deep dive into a general contractor’s payment practices, disputes, lien history, and payment speeds to give subs like you a clearer look. They can be an incredibly valuable tool to a sub.

Screenshot of Granite Construction's payment profile
View Granite’s payment profile

At the time of writing this article, Granite Construction boasts an 83/100 payment score, giving the company a B rating. That score puts Granite in the top 55 percent of contractors, which is pretty impressive for a larger GC. 

The payment profile scores highlight a company’s payment practices, and we compare them with the data of thousands of other contractors. These scores provide a benchmark for subcontractors to shop their prospective GCs, and if you’d like to know more about how we calculate these contractor payment scores, click here.

Granite Construction’s payment disputes

It wouldn’t be fair to rant about Granite’s shining payment score without giving subs the whole picture. While Granite does quite well among large GCs, the company’s projects don’t all go off without a hitch. 

At the time of this article, Granite is managing a few projects suffering from slow payment complaints, and there are a few liens on the record.

  • In December 2020, a subcontractor filed a mechanics lien against a project in Washington, DC. The amount was $23,098.15, and it has since been canceled.
  • In November 2020, a subcontractor filed a mechanics lien on a project in Minneapolis, MN. The amount was $6,676.29, and the lien is still active.
  • In August 2020, a subcontractor filed a mechanics lien on a project in Independence, MO. The amount was $10,456.71, and the lien is still active.
  • In July 2020, a subcontractor filed a mechanics lien on a project in Independence, MO. The amount was $8,193, and the lien is still active.
  • On top of those liens, subcontractors have reported the Granite Construction has been slow to pay their invoices 23 times in the past year. 

While that might seem like a lot of issues, it’s all about perspective. Levelset provides a payment history summary that might paint a clearer picture:

  • In the last year, 97 percent of Granite’s projects have gone off without a payment issue
  • In 2021 alone, that number drops just slightly to 96 percent
  • In 2018, 2019, and 2020, the percentage of projects completed without payment issues is 100, 99, and 98 percent, respectively. 

Levelset also likes to provide a bit of background on the payment terms and policies that contractors use whenever possible. Granite Construction typically holds back 10 percent retainage on about 63 percent of its projects, 5 percent retainage on 9 percent of its projects, and no retainage on 23 percent. Granite also prefers to use pay-when-paid verbiage in its contracts.

Recent subcontractor reviews

Granite Construction’s written reviews are limited, but 50 percent of reviewers give the company 5 stars when it comes to working with them, with 67 percent total giving 3 or more stars. This gives Granite Construction an overall rating of 3.5 stars. 

Reviews can often be the most telling, but a middle-of-the-road review had this to say about Granite’s payment process, speed, and policies: “It is a little better than some of the other big companies.”

Getting paid with Granite Construction

Even with a good overall score, not everything goes off perfectly with Granite Construction. For that reason, understanding what it takes to get paid can give you a layer of protection from payment issues.

Before work starts

Before you start working with a large general contractor like Granite, they’ll typically need a few important documents and pieces of information about you and your company. Those documents tend to include:

  • Your W-9
  • The signed subcontract
  • Insurance certificates
  • Any bonding information related to the project

The project manager will typically contact you for these documents and explain if any additional paperwork requirements before work can start.

First payment

Large contractors like Granite work with thousands of subcontractors nationwide, so standardized paperwork tends to be the name of the game. Documents like AIA billing, G702 payment applications, and G703 continuation sheets help keep things uniform across several jobs. 

When you speak to the project manager, be sure to find out when payment applications are due. They’re typically due on the 1st, 5th, 15th, or 20th of each month, but find out for certain so you don’t miss a payment window.

Progress payments

Large-scale infrastructure projects can carry on for years, so waiting until a project wraps up to get paid is not going to work. Leaning on progress payments, on the other hand, will help keep cash flowing in while the project is underway. 

While you’re sending in your payment application, be sure to include an updated schedule of values to streamline the process.

Project close-out

Every GC has a different close-out method or their own unique requirements, but universally, these are the common documents:

Here’s the thing about close-out: Be sure to read every document carefully. Close-out tends to be when lien waivers start popping up. Signing one for work you haven’t been paid for yet could forfeit your rights to a lien prematurely.

3 tips for getting paid on every construction project

Even folks that don’t work in the construction industry know it has its pitfalls. Issues abound, and the potential for a payment issue is always present. The following tips will help you avoid a slow-paying (or non-paying) GC, so learn them and put them into practice.

1. Send preliminary notices

Sending preliminary notices should be second nature on all of your construction projects. In many states, they’re a requirement for protecting your rights to a mechanics lien. If you don’t send one within the proper time frame, you’re throwing away your chance at a mechanics lien in the event of a payment dispute.

But some states don’t require contractors to send preliminary notices to protect their rights. Does that mean you can afford to skip this step? Not a chance. Preliminary notices serve as a professional introduction between your company and the GC. They explain who you are and what work you’ll be doing. But what they actually say is that you’re a professional, and you know your rights.

2. Send other visibility documents

Preliminary notices aren’t the only docs you should be sending on your jobs. Visibility documents like invoice reminders, notices of intent to lien, and demand letters help bring your company’s name to the attention of the folks cutting the checks. These documents are often all it takes to get a check written with your name on it.

3. Maintain your right to file a mechanics lien

Maintaining your lien rights on all of your projects can save your neck when payments slow down and things get dicey. If a project owner or GC refuses to pay you for your work, you’ll have the right to file a lien against the property. The property then becomes less liquid to the owner, and they could have issues securing further financing. 

Filing a mechanics lien is the fastest way for a contractor to get paid in a dispute. Because they’re so powerful, states have stringent requirements that contractors must meet to preserve their rights to them. Be sure to check out your state’s laws about mechanics liens to ensure your money is always protected.


Fluor for Subcontractors: Guide & Resources for Getting Paid

If you’re stepping up to the plate with Fluor, one of the largest construction companies in the world, it’s helpful to have a little background on the company first. This article is your guide to Fluor for subcontractors: It will outline the company history, payment history, prequalification process, and more. 

The more you know about Fluor, the better prepared you’ll be for working on its projects, getting paid on time, and meeting company culture standards.

Fluor company overview

The Fluor Corporation’s history dates back to 1912, when John Simon Fluor founded the Fluor Construction Company in Santa Ana, California. 

The company grew quickly, focusing much of its efforts on public projects and then the oil industry. Fluor built refineries, pipelines, and other facilities in California and then expanded its operations to Texas and the Middle East. By the 1960s, the company expanded into oil drilling and coal mining. 

After suffering losses from its mining operations and the gas crisis, Fluor pulled out of the oil industry and focused its attention on construction and other services. By the 1990s, the company began offering equipment rentals, staffing, nuclear waste cleanup, and more.

As of 2019, the Fluor Corporation made over $15.7 billion in revenue, making it one of the largest construction companies in the world. Fluor is currently #2 on ENR’s list of Top 400 Contractors of 2020.

The Fluor Corporation offers services in the following industries:

  • Engineering and design 
  • Procurement
  • Fabrication
  • Construction 
  • Maintenance

Recent notable projects include:

  • Aladdin Hotel & Casino – Las Vegas, Nevada
  • Rebuilding power, water, and infrastructure after the Iraq War
  • Gordie Howe International Bridge – Detroit River, Michigan and Windsor, Ontario, Canada
  • Governor Mario M. Cuomo Bridge – Hudson River, New York

The Fluor Corporation’s headquarters are in Irving, Texas, but it has 54 offices in 29 countries altogether. Those offices include:

  • Washington, DC
  • Richmond, Virginia
  • Calgary, Alberta, Canada
  • San Francisco, California
  • Buenos Aires, Argentina
  • Tokyo, Japan
  • Bangkok, Thailand
  • Abu Dhabi, UAE
  • Tarragona, Spain
  • London, England

Before working with Fluor

Before you take any steps toward working with Fluor, you should make sure that it seems like a good fit for your company. It’s always good practice to prequalify any prospective general contractor before you work with them. Prequalifying Fluor will allow you to get an idea of how the company works with subcontractors. 

If you don’t know how to prequalify a contractor, Levelset suggests the following five steps:

  1. Dig into the company’s payment history
  2. Review their credit history
  3. Read subcontractor reviews
  4. Check out a sample subcontract, if available
  5. Familiarize yourself with their payment process

Understand that through the prequalifying process, you’re likely to uncover at least one or two less-than-flattering reviews or disputes. With a company as large and old as Fluor, it’s unrealistic to think it will have a blemish-free history. 

If you do find something particularly concerning, reach out to Fluor for some clarification before you write them off completely. If the company is entirely upfront with you, it says something about the type of General Contractor you might be working under.

Fluor’s payment profile

If you really want to get an idea of what it’s like to sub for Fluor, one of the best resources you can turn to is the company’s payment profile. Payment profiles compile useful information about contractors so subs have a better idea of the company’s practices.

Screenshot of Fluor's Levelset Contractor Payment Profile
View Fluor’s Profile

As of writing this article, Fluor has a payment score of 72/100, giving them a C-rating. We use payment scores as a measuring stick for a company’s payment practices, including on-time and late payments. Levelset compared Fluor’s history with thousands of other GCs to calculate this score. To learn more about how contractor payment scores are calculated, click here.

To get a better idea of how quickly or slowly Fluor might pay you, check out the company’s recent payment history.

Recent payment disputes

In order to bring as much value to subcontractors as possible, Levelset compiled data on many of Fluor’s most recent projects. In the past 11 months, at least 20 mechanics liens have been filed against Fluor for slow or non-payment.

While that might sound like a lot, 90 percent of Fluor’s projects go off without a payment hitch. With that said, one of a GC’s most important responsibilities is to make sure that payment goes smoothly. If the company’s payment history concerns you, reach out to Fluor directly for more information about their payment disputes and issues.

Fluor’s prequalification process

Before you can start bidding on projects with Fluor, you have to submit your company information to Fluor’s Supplier and Contractor Registry. Luckily, the process is straightforward. 

Step 1: Go to Fluor’s Supplier and Contractor Registry page

You can find the registry in several ways, but the most direct is to head to the Fluor homepage, click on “Login Areas,” and then click “Supplier/Contractor.”

Step 2: Create a registration

By clicking on “creating a company profile,” you’ll be prompted to fill out your company’s information. You’ll need the company’s legal name, address, phone number, and email address. Be sure to click the checkbox to accept the terms of use before clicking submit.

Step 3: Check your email

Within minutes you’ll receive a username, password, and login link in your email address. You’ll use this information to log into the system.

Step 4: Provide a list of services

Once you’re logged in, you’ll be prompted to fill out a questionnaire of sorts about your company. You’ll be able to input the types of work you do, the services you offer, and how you can bring value to Fluor. Choose your words wisely, though, as you’ll only get 1,000 words to do so.

Step 5: Submit

Once you fill out every applicable field, go ahead and submit the registration. You should receive an email notification stating your registration is complete. 

Get paid with Fluor

In construction, profits and cash flow are everything. When you’re working with a big contractor like Fluor, it’s wise to know what they expect ahead of time. You’ll cut down on mistakes which should ultimately reduce the amount of time it takes to get paid.

Before work starts

The bidding process is just the first step, and there are many more you’ll have to navigate before the job starts. A large general contractor like Fluor will want certain pieces of information about you and your business. They might include:

  • Your W-9
  • The signed subcontract
  • Insurance certificates
  • Any bonding information related to the project

In most cases, the project manager on the job will go through all of the required docs.

Progress payments

If you want to avoid late fees on loans, unnecessary interest, and other bottom-line destroyers, get to know the progress payment schedule. You’ll need it to maintain positive cash flow.

When you’re applying for a progress payment with Fluor, you should send a completed pay app as well as an updated schedule of values.

The contract you signed with Fluor will outline any other important terms or items that you need to include with your progress payments. If you have questions, check with the project manager before you miss a progress payment window.

Project close-out

Every general contractor handle project close-out a little bit differently, but there are some relatively standard requirements for they’ll issue final payment. Those requirements include:

Close-out paperwork can be tricky though, so be careful. If you sign certain documents, like lien waivers, you could be forfeiting your lien rights before you’ve received final payment.

3 tips to get paid on every construction project

There are times on construction projects where payment issues are tough to avoid. But, if you want to minimize a payment issue’s effect on your bottom line, the following three steps will improve your chances of getting paid on time.

1. Send preliminary notices

Even when they’re not required, sending a preliminary notice on all your projects is an excellent habit to get into. They serve as an introduction between your company and the owner and GC. A preliminary notice tells them who you are, what you’re doing on the project, and that you intend to be treated fairly.

Some states require preliminary notices by law in order to preserve lien rights. Not sending a preliminary notice within the required timeframe could cost a contractor their most effective line of recourse. If the customer doesn’t pay, you won’t have a mechanics lien to fall back on.

2. Send other visibility documents

Beyond preliminary notices, sending visibility documents can speed up the payment process. Sending invoice reminders, notices of intent to lien, and demand letters keep your company’s name fresh in the GC, admin staff, and owners’ minds. Many times they can spur a payment on their own.

3. Maintain your right to file a mechanics lien

Preserving your mechanics lien rights should be a priority on any project, regardless of the GC managing the job. When payments slow down, a mechanics lien is one of the most effective ways to speed them up again.

A mechanics lien can affect the owner’s financing, the property’s saleability, and cause issues up the chain. For that reason, there are certain requirements and deadlines you’ll have to meet in order to preserve your rights. Get to know the rules in whatever state you’re working in to make sure you’re preserving your lien rights.


Idaho Contractor Licensing and Registration Guide

Idaho requires everyone who performs work as a contractor to be licensed with the Idaho Contractors Board. Only employees and companies working on projects of less than $2,000 are not required to be licensed.

Trade subcontractors (mechanical, electrical, plumbing) and construction managers are required to be licensed through the Division of Building Safety. In addition, any contractor that works on a public works project needs to be licensed through Building Safety.

Fire sprinkler contractors need to be licensed through the Department of Insurance State Fire Marshal. Any work that is done outside the scope of these specialty licenses requires the contractor to be licensed through the Contractors Board as well.

Read on for details about the Idaho contractor licensing process — and how you can get the license you need for your business.

How to get an Idaho general contractor license

Contractors who serve as a general contractor or construction manager should apply for licensing at the Idaho Contractors Board.

The process for getting licensed is quick and easy. The contractor must fill out a form, get it signed and notarized, then mail or deliver the original notarized form, along with a copy of their photo ID, the application fee of $50, and proof of general liability and workers insurance, to the board. The state requires a minimum of $300,000 in general liability coverage for general contractors.

Veterans and active-duty military personnel, along with their spouses, are provided with expedited application processing and credit for their service.

Subcontractors and trade contractors licensing and registration

Mechanical, plumbing, and electrical subcontractors need to register with the Division of Building Safety. Contractors or construction managers who want to work on public works projects must also register with the Division of Building Safety. Fire sprinkler subcontractors register with the Department of Insurance State Fire Marshal. We’ll go through the process for each one of these trade contractors.

Additionally, contractors and construction managers who want to work on public work projects costing over $10,000 need to be licensed through the Division of Building Safety.

Electrical contractors

Electrical contractors must employ at least one licensed master electrician.

The master electrician’s license application is found at the Division of Building Safety website. The contractor must submit a completed application, pay a $15 application fee, and take an exam in order to be licensed.

Once they pass the exam, they are required to turn in a certificate of insurance for general liability and workers comp insurance and a $125 licensing fee. The state requires at least $300,000 in general liability insurance coverage for electrical contractors.

Idaho honors journeyman electrician licenses from the following states: Colorado, Maine, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, and Wyoming (includes master electrician license).

HVAC and mechanical contractors

HVAC and mechanical contractors also must employ at least one journeyman technician. The application for an HVAC technician can be found on the Division of Building Safety website.

The contractor must submit a completed application, a $35 application fee, and take an exam in order to be licensed. The application includes a verification of experience that must be completed by someone other than the applicant. Once the applicant has passed the exam, they must submit a $2,000 bond and the licensing fee, which isn’t specified.

Plumbing contractors

Plumbing contractors must employ at least one journeyman plumber. The application for a plumber license can be found on the Division of Building Safety website. The contractor must submit a completed application, a $22.50 application fee, and take an exam in order to be licensed.

The application includes a verification of experience that must be completed by someone other than the applicant. Once the applicant has passed the exam, they must submit a $2,000 bond and the licensing fee, which isn’t specified.

Idaho honors journeyman plumbing licenses from the following states: Montana, Oregon, and Washington.

Fire sprinkler contractors

Fire sprinkler contractors must be licensed through the Department of Insurance State Fire Marshal. The contractor must complete an application, pay a $400 application fee, and take an exam. Once the exam is passed, the contractor must submit a $2,000 bond and proof of general liability and workers comp insurance. The contractor must carry at least $250,000 in general liability insurance coverage.

Learn more: Contractor licensing requirements for all 50 states

Requirements for cities and municipalities

Before beginning work in Idaho, it’s best to check local jurisdictions to verify there are additional licenses required, whether they’re contractor’s licenses or business licenses. Requirements vary widely by location.

For example, the cities of Boise and Coeur d’ Alene do not require contractors to be licensed. However, the city of Pocatello has 13 different contractor licenses that may be required depending on the type of work you are doing.

No matter where you live, it’s always best to check your local municipality to make sure you’re following all the licensing and registration rules and requirements to operate above-board and keep your payments protected.

Penalties for not being licensed

Unlicensed contractors are subject to civil penalties if they are caught working without a contractor’s license. The financial amount of the penalties is not specified.

Contractors working on public works projects without a public works license are also subject to administrative assessments.

Do you need a license to file a lien in Idaho?

Contractors need to be licensed in order to qualify for mechanics lien rights in Idaho.

However, suppliers do not need to be licensed to protect their lien rights. If a contractor starts a project not being licensed, but gets licensed in the middle of the project, they have the right to file a lien for the work done after they are licensed. The work they did before getting licensed is unprotected.

The rules for subcontractors are a little more complicated: Subcontractors need to be licensed to qualify for lien rights. However, if the general contractor is not licensed, the subcontractor may not have lien rights, depending on whether they knew the GC was unlicensed. If the subcontractor knew the GC was unlicensed, they do not have lien rights. If the subcontractor did not know that the GC was unlicensed, they can file a lien.

Whether you’re a general contractor or subcontractor, it’s best to be licensed to protect your lien rights and ensure that the contractors above and below you are licensed as well.

Payment protection

In the state of Idaho, contractors need to be licensed to protect their payment and mechanics lien rights. Here it also pays to check whether the contractors above you are licensed —n since knowledge of an unlicensed contractor can cause you to lose your lien rights. General contractors should check all of their subcontractors to make sure they are properly licensed as well.

If you’re working on a residential project in Idaho, general contractors must send a Residential Disclosure Notice before entering into a contract for more than $2,000. Other contractors aren’t required to send a preliminary notice before filing a mechanics lien. However, it’s advisable to send preliminary notices before every project. Sending such a notice can reduce payment problems and help you get paid faster.

If payment problems do arise, contractors have 90 days after work is finished to file a lien.


Massachusetts Contractor Licensing and Registration Guide

Massachusetts contractors license requirements can be a bit confusing. Between licensing and registering, just about every contractor has some rule or regulation to meet.

General contractors and specialty trades are required to carry a state-issued license. On the other hand, home improvement contractors have to register their businesses.

In some cases, you might need to do both. We’ll show you exactly what you need to know about the Massachusetts contractor licensing process, so keep reading for all the details.

How to get a contractor’s license in Massachusetts

How you go about obeying Massachusetts contractor licensing requirements will have a lot to do with the type of work you offer.

We’ll break each section down so you’ll know which license you need, which agency oversees that license, and how you can go about applying for one.

Getting a construction supervisor license (CSL)

In Massachusetts, general contractors are considered “construction supervisors,” and there are several types of construction supervisor licenses (CSL) that apply. 

Restricted construction supervisor license holders can build two-family dwellings, including accessory buildings and structures. Unrestricted construction supervisor license holders can oversee the construction of any building under 35,000 cubic feet. Specialty construction supervisor license holders follow the same rules as unrestricted, but they can specialize in:

  • Masonry
  • Windows, doors, and siding
  • Insulation
  • Roof covering
  • Solid fuel-burning appliances
  • Demolition

Construction supervisor licenses are a function of the state’s Division of Professional Licensure. Whether you’re applying for a restricted, unrestricted, or specialty CSL, the steps are relatively similar.

To qualify for a construction supervisor license, you must be able to prove that you have three years of experience in building constriction or design. It doesn’t have to be three consecutive years, but the work must be full-time (40 hours per week), and all be within the last 10 years.

However, there are exceptions to this, which include: 

  • Three or four years of high school vocational training can substitute for one year of experience
  • A bachelors degree can substitute for one year of experience
  • A bachelors degree in architecture, science, engineering, or technology can substitute for two years of experience
  • Active construction-related military experience counts for the entire full three years

If you meet those requirements, you’re free to start your exam application journey. The CSL licenses all involve taking a standardized, open-book test. This test is held by Prometrics, and you need to fill out this exam application and mail it in. After waiting a suggested 10 days from mailing, you should contact Prometrics and schedule your exam. You’ll have to score a 70 or better on this test in order to continue with the application process.

If you pass the exam, the score report will include instructions on applying and obtaining your license. It typically takes around 30 days for the Department of Professional Licensure to process each application. 

Fees for applying for a construction supervisor license are $150 for the restricted and unrestricted license, and $150 plus $100 for each specialty for the specialty CSL license.

Home improvement contractor registration

In addition to a CSL, any contractor or subcontractor who intends to work on a one to four-family residential properties in Massachusetts must register as a Home Improvement Contractor.

Registering your business with the Massachusetts Office of Consumer Affairs and Business Regulation is the next step for most contractors. Registration is actually quite simple.

Applicants can register as an individual, proprietorship, partnership, or corporation. If you’re registering under a trade name, or DBA, you’ll have to provide a copy of the business certificate issued by the city or town where the business is based.

To apply, create a login using the online portal. The fee for applying is $150, plus a mandatory payment to the Guaranty Fund. Luckily, the state bases this fee on your company size:

  • 0–3 employees: $100
  • 4–10 employees: $200
  • 11–30 employees: $300
  • More than 30 employees: $500

For more information about which lines of work require licensing, registering, or both in Massachusetts, click here.

Plumbing contractor licenses

To operate a plumbing contracting business in Massachusetts, you will have to carry a license issued by the Division of Professional Licensure. To apply, you’ll fill out this application and mail it, and a $150 license fee, to:

The Commonwealth of Massachusetts 
Division of Professional Licensure \
1000 Washington Street, Suite 710, Boston, MA 02118-6100
Board of State Examiners of Plumbers and Gas Fitters

Note: To qualify for a plumbing contractor license, you will have to have a master-level plumber on staff to act as an officer of the company. 

Electrical contractor licenses

Electrical contractor licenses are also a function of the Division of Professional Licensure, and you’ll need one if you want to operate as an electrical contractor. Similar to a plumbing license, you will have to have a master-level electrician on staff. 

Applicants can submit their applications through the state’s ePLACE portal. The fee for the application is $221.

Check out: The Ultimate Guide to Contractors License Requirements in Every State

Penalties for unlicensed contracting in Massachusetts

While your lien rights might not be at risk, unlicensed contracting does put your business, and yourself, in a bad position.

Massachusetts takes licensing and registration very seriously. Working without one is punishable by a fine of up to $5,000 and up to two years in jail.

For that reason alone, it’s critical to stay on the right side of the Massachusetts contractor licensing rules.

Do you need a license to file a mechanics lien in Massachusetts?

Massachusetts contractors licensing requirements might seem confusing —but the state’s mechanics lien laws do not specifically require a contractor to carry a license. So technically, you can file a mechanics lien in the event of a payment dispute even if you don’t have a license.

Keep one thing in mind: Not carrying a required license could affect your chances of winning a suit if you have to enforce the lien. It’s always best to carry the appropriate licenses for the work you’re completing.

Learn more: Massachusetts Mechanics Liens: Everything You Need to Know + Free Form

Protecting your payment rights in Massachusetts

Regardless of what the statutes say about licensing, protecting your payments is vital to growing a thriving, successful business. Cash flow issues arise all the time in the construction industry, and they can take a serious toll on a business — new and old alike.

Not only do Massachusetts contractors have licensing requirements to look out for, but they also have specific steps and deadlines to follow to protect their lien rights.

While GCs aren’t required to send a preliminary notice, subs and suppliers have 30 days to send a preliminary notice to the prime contractor. 

Aside from notices, GCs, subs, and suppliers have sliding deadlines they have to follow: 

“Subcontractors and other sub-tier parties in Massachusetts must record a Notice of Subcontract the earlier date of the earlier date of (a) 60 days after a notice of substantial completion is filed, (b) 90 days after a notice of termination is filed, or (c) 90 days after last furnishing labor or materials to project.

In addition, they must record a Statement of Account the earlier date of (a) 90 days after notice of substantial completion, (b) 120 days after notice of termination, or (c) 120 days after last furnishing labor or materials to project.”

Additionally, Massachusetts allows a very small window to enforce the lien, requiring a GC, sub, or suppliers to take action within 90 days — not a lot of time to fool around with deadlines. 


Considering Bankruptcy? What Construction Businesses Need to Know

Bankruptcy is not uncommon among construction businesses. Construction companies often pay for much of a project’s costs up front, with the expectation of being paid in a timely fashion by their clients. But this doesn’t always happen — construction payments are notoriously slow, and payment delays can wreak financial havoc on a business’s cash flow.

Even a construction company that is profitable on paper may be forced into bankruptcy if they’re unable to manage their cash flow. If your construction business in the unenviable position of considering bankruptcy, read this article first —some of the industry’s most experienced construction attorneys weigh in with considerations before filing.

Read more: The one reason why construction companies go out of business

What does bankruptcy mean? 

Not all companies are the same, and not all bankruptcies are the same. There are three main chapters of bankruptcy: Chapters 7, 11, and 13

A Chapter 7 bankruptcy is also known as a liquidation. What does that mean? The important thing to remember with a Chapter 7 bankruptcy is your property and possessions can be seized and sold to repay your debts. Some essential property like clothing (provided it’s not expensive) and household goods will fall into the exempt category. But it’s still a serious consequence to consider, and many businesses who wish to remain open may want to examine other bankruptcy options first. 

A Chapter 11 bankruptcy is also known as a reorganization bankruptcy. Business affairs, debts, and assets are typically restructured, allowing the company to repay their creditors over time while they remain in business. However, certain business decisions cannot be made without court approval. This is an option many businesses choose if they hope to remain open, but it is an expensive and complicated form of bankruptcy that should not be entered into lightly. 

A Chapter 13 bankruptcy is also known as a wage earner’s plan. It allows individuals — typically sole proprietors — to keep their property and repay their debts over time, usually a period of three to five years. Homeowners can keep their homes and avoid foreclosure under this plan. Individuals who are self-employed or running an unincorporated business are eligible for Chapter 13 as long as the unsecured debts are less than $394,725 and the secured debts are less than $1,184,200. If those amounts seem oddly specific, it’s because they are adjusted from time to time to reflect changes in the consumer price index.

Why would a contractor declare bankruptcy? 

There isn’t one singular reason why a contractor would declare bankruptcy. In some cases, it may be through no fault of their own. They could be the victim of late payments — or being stiffed altogether — on a job. 

Bankruptcy is almost exclusively the result of cash flow problems. Such problems are caused all too often by partial or delinquent payments, made worse by the failure to implement an effective credit and collections policy. But they can also come from other factors, like an over-reliance on debt, financial fraud, or simply a drop in sales.

Many contractors run into cash flow problems when they fail to budget for retainage. Also known as retention, retainage is the practice of withholding some payment until the end of a project to make sure it is completed according to specifications. Contractors should always budget for this in a cash flow projection report to ensure they can continue operating until they are able to collect retained funds.

A poor debt-to-asset ratio can also be a reason a contractor might declare bankruptcy. How much of the company’s assets are being financed by debt and how much of them are being financed by the owners’ equity? 

Two steps contractors should take before bankruptcy

Every business is different, so what worked for one business might not work for another. Bankruptcy is not an option any business should pursue impulsively. 

“Some business owners give up too early instead of … collecting unpaid bills and executing construction liens.”

Cesar Mejia-Duenas, construction attorney

In many cases, there are other steps you can take to resolve cash flow issues. Before a contractor files for bankruptcy, they should take a hard look at two elements of their business: Accounts Receivable (the money owed to you by customers) and Accounts Payable (the money you owe your subs, suppliers, and other vendors). 

1. Take action to collect accounts receivable

If you have any amount of money sitting in accounts receivable, take action to collect it. If you still have the right to do so, filing a mechanics lien is the most effective tool that contractors have to collect outstanding payments in most cases. 

“Some business owners give up too early instead of retaining legal counsel to assist them in collecting unpaid bills and executing construction liens,” says Cesar Mejia-Duenas, a construction attorney with experience in Florida, New York, and Washington, D.C.

If the lien deadline has already passed or you failed to protect your rights, you may need to hire a construction attorney, file suit in small claims court, or send outstanding accounts to a collection agency.

Regardless of the path you take, some action will be necessary to bring money in the door to cover payroll, bills, and vendor payments. 

Mechanics Lien Form

File a lien now!

Levelset takes all of the guesswork out of the filing process. We’ll research the project information and ensure your claim is done right.

2. Negotiate accounts payable

No matter how old your accounts payable are, there is always room for negotiation. Get in touch with the rep for your past due accounts. They will very likely be willing to negotiate, even if it’s only to extend the payment deadline while you resolve the underlying cash flow problem.

Once you file for bankruptcy, it will likely be much harder for your creditors to collect the funds you owe them. They have a vested interest in ensuring that you stay in business.

Should you file for bankruptcy? 

At the end of the day, bankruptcy is one option — but it’s not the only one.

“Consider all alternatives and how it might affect the future of your business,” said California attorney George Wolff

Business owners should never be afraid to seek advice from an experienced attorney, especially one with deep knowledge of both construction and bankruptcy law. 

“Although bankruptcy may sometimes appear to be the best possible outcome from a financial viewpoint, it is very important to seek the advice of a bankruptcy attorney that is familiar with construction issues before filing for bankruptcy,” said Bruce A. Inosencio, Jr., an attorney with experience in Michigan and Florida. “There may be a chance, for example, that your company may not ‘qualify’ for bankruptcy because of actions it took before filing. Not all bankruptcy attorneys have the same level of expertise – make sure your bankruptcy attorney has experience with clients in the construction industry.” 

While you can start another business after filing for bankruptcy, a bankruptcy filing can affect your credit rating, which can affect your ability to get loans to start a business. Also, if your new business is too similar to your old and bankrupt one, creditors can attempt to collect from the new business. Talking to a lawyer can answer these questions in greater detail based on your specific case. 

“Be aware of the future impact a bankruptcy will have on opening a business in the future,” said Scott Grier, an attorney with experience in Kansas, Missouri, and Oklahoma. 

Even if bankruptcy seems like it is your only option, there may be other avenues to consider and a lawyer can help in that regard. Florida attorney David Adlestein says a bankruptcy lawyer is best suited to discuss every available option with you, and help you find the one that’s ideal for your specific business. 

“Your company may not ‘qualify’ for bankruptcy because of actions it took before filing.”

Bruce A. Inosencio, Jr., construction attorney

Cesar Mejia-Duenas advises business owners to first familiarize themselves with bankruptcy requirements and perform a thorough financial analysis to see if their business is truly bankrupt.

“I would not recommend bankruptcy unless it is the only card on the table, not only because of the legal consequences but also because it leaves the client with the sour taste of failure,” says Mejia-Duenas. 

Bankruptcy should also be a part of a business owner’s larger plan. It should not be viewed as a silver bullet that will magically solve all problems. Every owner should ask themselves: What is the long-term plan to keep the business alive and what goal will the bankruptcy accomplish? 

“Bankruptcy is expensive and does not always provide the protection that one is seeking,” says Illinois attorney Samuel H. Levine. “This is especially the case if the contractor does not have a viable plan for keeping the company in business.” 

“It’s just another tool — not a reflection of you personally.”

E. Aaron Cartwright, III, construction attorney

Aside from the cost of hiring accountants and lawyers to consult on bankruptcies, it costs money to file them, too. For Chapter 11 bankruptcies, the court charges a $1,167 case filing fee and a $550 miscellaneous administrative fee. Costs are lower for other types of bankruptcy: $235 and $75 for Chapter 13, and $245 and $75 for Chapter 7, respectively. 

As long as you understand the risks, Texas-based attorney E. Aaron Cartwright, III offers a different view on bankruptcy. 

“Do it —bankruptcy is a tool that all businesses and individuals have access to,” says Cartwright. “If things have gotten absolutely insane in your business life, bankruptcy will provide you a break from the collections efforts, will allow you to settle with some creditors for small amounts of money, and will generally just give you the beginnings of peace of mind. It’s just another tool — not a reflection of you personally.”

Bankruptcy can be a risk — especially in construction 

Construction companies can often face unique challenges during bankruptcy proceedings. Carol Sigmond, an attorney with experience in New York, Washington D.C., Maryland and Virginia, said business owners should first evaluate whether the business or the owner should file for bankruptcy. She said, from her experience, most construction bankruptcies fail and become Chapter 7 bankruptcies. 

“Construction companies are not good candidates for reorganization,” said Sigmond. “There is generally no good will, no work on the books or other assets to sell. Equipment generally does not generate enough cash to solve problems. Owners and higher tier contractors will find reasons not to pay for work performed. Often, there is debt to workers in the form of back wages or money due to tax authorities that may not be dischargeable. Liquidating 11’s sometimes succeed if either the bank or the surety will back the contractor while it battles with deadbeat owners, but generally, this is not the case.” 

“Construction companies are not good candidates for reorganization.”

Carol Sigmond, construction attorney

Consult professional help

While attorneys are helpful in bankruptcy proceedings as mentioned above, talking to an accountant is also essential before filing for bankruptcy. A qualified tax accountant can help you determine if you are eligible for any tax discharges and when exactly you should file for them.

Accountants can also provide a fair and accurate valuation of a debtor’s assets. If bankruptcy proceedings take place, they can also manage the affairs of businesses during the process to make sure assets are not misappropriated or embezzled.


Virginia Contractor Licensing Rules & Requirements

Starting a contracting business in Virginia is a big step, and it takes some careful planning. Between bidding jobs, lining up subs and materials, and other day-to-day activities, there’s a lot going on. And, squaring away your Virginia contractor licensing requirements needs to be a priority.

Levelset’s here to help. We’ve put together this article to help you better understand Virginia contractor licensing requirements and which licenses you might have to carry. Keep reading to learn more.

On the job outside Virginia? For information on licensing in other states, check out The Ultimate Guide to Contractors License Requirements in Every State.

Who needs a Virginia contractor license?

Compared to other states, Virginia’s contractor license requirements are generally straightforward. Anyone performing or managing a project — or removing, repairing, or improving a project valued in excess of $1,000 —requires a license.  

Tradesmen like plumbers, electricians, HVAC technicians, gas fitters, and other typical subcontractors must also carry a state-issued license.

General contractors also need to carry state-issued licenses. GC licenses break down into a few categories based on project value and cumulative contract values, which we’ll go over in more detail.

How to get a Virginia contractor license

Unlike some other states with multiple terms and government agencies, all contractor licensing in Virginia goes through the Department of Professional and Occupational Regulation. This is a good thing, especially for specialty trades, as it certainly streamlines the application process.

General contractors

If you’re working on projects valued in excess of $1,000 in Virginia, you need a contracting license. As mentioned, the agency that oversees Virginia contractor licensing is the Department of Professional and Occupational Regulation. 

There are three main types, and they break down by the value of the individual project and your business’s overall revenue throughout the year.

Here are the classifications, taken directly from the Department of Professional and Occupational Regulation website.

Class A contractors perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $120,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is $750,000 or more. 

Class B contractors perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $10,000 or more, but less than $120,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is $150,000 or more, but less than $750,000. 

Class C contractors perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but no more than $10,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is no more than $150,000.

Depending on which license applies to your business, there are different requirements for experience and application fees. 

To apply, you’ll use this license application. The DPOR outlines the steps to licensing clearly on the website:

  1. Create an entity: It’s very important to create an entity of some sort, whether it be a sole proprietorship, LLC, partnership, or corporation. DPOR will not issue a license to an individual.
  2. Name and register the business: Corporations, LLC, and limited partnerships have to register your business with the Virginia State Corporation Commission. Sole proprietors and partnerships register with the county in which they’re located.
  3. Choose a license classification: Determine which of the classifications works best for your company and projects: A, B, or C.
  4. Identify responsible management: Regardless of the entity type, contractors must identify the responsible management parties. For a sole proprietorship, that’s you. For corporations, partnerships, and LLCs, these are the individuals in charge of making sure the business maintains a license and obeys regulations. You’ll need names, addresses, and photo identifications for each of these parties.
  5. Determine a Qualified Individual: Each license type requires a particular amount of experience in the field, and to apply, you must have someone who meets those requirements. That can be you, a managing party, or someone under full-time employment. Again, you’ll need names, addresses, and identification.
  6. Choose and identify a Designated Employee: For Class A and B licenses, companies must have a full-time employee or responsible manager to act as the Designated Employee. This person must pass the required portions of the applicable exam. Again, you’ll need names, addresses, and identification. This is not a requirement for Class C licenses.
  7. Take the prelicensing course: All businesses need to have the Designated Employee or a Responsible Manager complete the 8-hour prelicensing course.
  8. Complete the application: Once you have all your ducks in a row, you can fill out the application. Make sure you fill out the entire application. Any missing information could prolong your approval.
  9. Submit your application along with the licensing fee to: 

Commonwealth of Virginia
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, Virginia 23233-1485

Licensing fees are: 

  • $385 for Class A 
  • $370 for Class B
  • $235 for Class C
  1. Wait it out: Once you submit your application and documentation, it’s a waiting game. The board will review your application and notify you of its decision.

There are also requirements based around net worth for Class A and B contractors. Class A contractors must show a net worth of $45,000 or more, and Class B Contractors must show proof of $15,000 net worth.

Some municipalities in Virginia now require a contractor bond for Class A and B contractors in addition following a recent change to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1. The DPOR provides a form to attest to the bond if required for a license in one of the following:

  • Fairfax County 
  • Prince William County 
  • City of Chesapeake
  • City of Falls Church
  • City of Roanoke

Subcontractors and specialty contractors

Subs and specialty trade contractors have the same requirements as general contractors. They must choose a license grade and follow all the steps outlined above. The only addition is they’re also required to pass an additional examination for their specific trade and carry a DPOR license

This includes plumbers, electricians, HVAC techs, well drillers, gas fitters, and more. The complete list is available on the application.

For large projects, contractors will need a master-level license holder on staff. To apply for a master license, this person must have at least one year of experience as a licensed journeyman in their trade or 10 years of practical experience. They can also hold an out-of-state master-level license. This person will have to act as their Qualified Individual and Designated Employee. 

For smaller projects, like those typical of a Class C contractor, a journeyman’s license might be all the state requires. Journeyman applicants must have one of the following:

  • Four years of experience in the trade and 240 hours of formal vocational training
  • Five years of practical experience in the trade and 160 hours of formal vocation training
  • Six years of practical experience in the trade and 80 hours of formal vocational training
  • Seven or more years of practical experience in the trade and 40 hours of formal vocational training
  • Associates degree or certificate of completion for at least a two-year program in a tradesman related field 
  • Bachelors degree or certificate of completion from an accredited college or university in an engineering curriculum
  • Ten years of practical experience in the trade
  • An out of state journeyman’s license

There’s also an additional avenue for LP and Natural Gas fitters: Four years of practical experience and 80 hours of formal vocational training.

Specialty contractors will also have the same net worth requirements that they must meet: Class A contractors must show a net worth of $45,000 or more, and Class B Contractors must show proof of at least $15,000 net worth.

The Ultimate Guide to Growing a Construction Business.

You’ve got your license. Now what?

License reciprocity

Reciprocity for contractors currently licensed in neighboring states and wishing to work in Virginia is available to electrical contractors from Alabama, District of Columbia, Kentucky, Maryland, West Virginia, or North Carolina. Anyone applying by reciprocity or by examination exemption must submit a complete application along with verification of licensure from the out-of-state board. The full list and more details are stated by the Virginia Board for Contractors.

While Virginia doesn’t have plumbing license reciprocity agreements with other states, they do have an agreement with the Washington Suburban Sanitary Commission.

Additionally, the state recommends reaching out to the Board for Contractors for questions about reciprocity for general contractors or any other type not explicitly listed.

Penalties for unlicensed contracting in Virginia

Virginia contractors caught working without licenses when the work requires one are susceptible to fines and penalties issued by the state along with potential loss of rights to get paid for work.

State issued fines

Virginia takes unlicensed contracting very seriously. Under Virginia Code 54.1-1115, the penalty for contracting without the proper license in Virginia is a fine in the amount not to exceed $500 per day of violation. It is also a Class 1 misdemeanor, and you could also do up to a year in jail.

So, not only could you be risking your payments in the event of non-payment, but contracting without a license could land you behind bars for a while.

Loss of payment rights

It’s not just the licensing requirements that are straightforward in Virginia. The rules around mechanics liens are plain as day: If the work you’re performing requires a license, you’d better have one. Otherwise, you’ll be unable to file a mechanics lien for unlicensed work per an amendment to the state laws that made this an absolute requirement. Not a good position to be in.

If you do need to file a lien in Virginia, learn everything you need to know with Virginia Mechanics Liens: Everything You Need to Know + Free Forms.

Regardless of the state and the licensing requirements it sets, cash flow is always an issue in the construction industry. If you’re working without a license in Virginia, you’re putting your company in a tough position: Non-payment could cost you all of your positive cash flow.

Beyond licensing requirements, Virginia contractors have specific deadlines of which they need to be aware to protect their payments. For example, contractors, subs, and suppliers need to send a preliminary notice on all of their jobs within 30 days to protect their payments. They also have up to 90 days from the last day of the month in which labor or materials were furnished to file a mechanics lien. And, should they have to go to court, an action to foreclose upon the lien needs to take place within 6 months.

Between licensing requirements and strict deadlines, it’s important that Virginia contractors do what they must to protect their payments and continue to grow.


Pennsylvania Contractor Licensing Guide to Rules & Requirements

As anyone knows, running a construction business has its ups and downs, and it takes a specific type of person to succeed. It also takes a keen eye for details and an understanding of the necessary Pennsylvania contractor licensing requirements.

Here at Levelset, we want to help you achieve success: Instead of walking blindly into the world of Pennsylvania contracting, we’ll guide you through the rules and regulations around licensing requirements. 

Working somewhere outside Pennsylvania? For information on licensing in other states, check out The Ultimate Guide to Contractors License Requirements in Every State.

Who needs a contractor license in Pennsylvania?

The majority of contractors in the state of Pennsylvania fall under the term “home improvement contractor.” This term applies to general contractors, drywallers, carpenters, and all the typical subtrades on a standard residential construction project — with the exception of plumbers and electricians

Pennsylvania is a commonwealth, so its oversight on contractor licensing is minimal compared to other states. 

Instead, the state prefers to leave home improvement contractor licensing up to the individual municipalities and counties — and there are a lot of them in Pennsylvania.

The only two contractors that need state-issued licenses are crane operators and asbestos and lead removal contractors.

While the state doesn’t have any hard licensing requirements for home improvement contractors, it does require most to register with the State’s Attorney General’s Office.

Do you need a license to file a mechanics lien in Pennsylvania?

Pennsylvania does not have any explicit rules requiring licensing and mechanics liens. So, potentially, you could be an unlicensed contractor and still retain your rights to your payments. However, if you have to file a suit, not having a license for work that requires one might hurt your chances of winning.

In any case, it’s important to meet the regulations and requirements of wherever you’re working. 

Learn everything you need to know about filing a mechanics lien in Pennsylvania with Pennsylvania Mechanics Liens: Everything You Need to Know + Free Forms.

How to get a Pennsylvania state contractor license

Home improvement contractors don’t require licenses in Pennsylvania, but crane operators and asbestos and lead removal contractors do.

Crane operators

Crane operators need to go through the Pennsylvania State Board of Crane Operators to apply for a license. The requirements for licensing are as follows:

  • Be 18 years or older
  • Be of good moral character
  • Hold a crane operator certification
  • Pass a physical
  • Pay all fees
  • Be free (or 10 years past) of felony convictions under The Controlled Substance, Drug, Device, and Cosmetic Act

To apply, you’ll have to create a login for the Pennsylvania Licensing System and fill out your application online. 

Asbestos and lead removal contractors

Contractors working in asbestos and lead removal must carry a state-issued license. That license falls under the Pennsylvania Department of Labor and Industry. 

The application process is fairly straightforward for asbestos and lead removal contractors. Simply complete the Asbestos Contractor Certification Application, and pay the licensing fee (between $304 and $608). Send everything by mail to:

PA Department of Labor & Industry
Certification, Accreditation & Licensing Division
651 Boas Street, Room 1606
Harrisburg, PA 17121

Home improvement contractor registration

All home improvement contractors and handyman businesses making an excess of $5,000 a year must register with the Pennsylvania State Attorney General’s Office.

The process for registration isn’t terribly difficult to navigate:

  1. Provide business information such as type of business (sole proprietor, partnerships, etc.), business name, address, and Federal Employer Identification Number
  2. Provide personal information such as social security numbers, driver’s license information, and addresses for every owner, officer, or partner involved
  3. Provide information identifying shareholders holding more than 5 percent stake in the company
  4. Provide license and registration information if the applicant holds a license in any other political subdivision
  5. Describe the business
  6. Provide proof of general liability and workers comp insurance
  7. Include a $50 check or money order made payable to “Commonwealth of Pennsylvania.”

Pennsylvania Home Improvement Consumer Protection Act: What Residential Contractors Need to Know

Pennsylvania contractor licenses by city

Some municipalities in Pennsylvania have their own rules and regulations pertaining to contractor licensing. Here’s a breakdown of the laws in some of the most populated areas.

Philadelphia

Philadelphia requires all home improvement contractors working within the city to carry a city-issued license. The requirements for this license are quite simple. Applicants will have to provide proof of insurance, take the OSHA 30 safety training course, and disclose the names of each of their subcontractors.

To apply, use the city’s ECLIPSE system, create a login, and fill out the application online.

Electrical contractors must also carry a license separate from home improvement contractors, though they will use the same ECLIPSE portal to apply. The requirements are:

  1. Provide proof of insurance
    • General liability: $500,000 per occurrence
    • Automobile liability insurance: $300,000
    • $500,000 policy limit
  2. Have four years of employment doing electrical work
  3. Take and pass the Philadelphia Electrical Contractor Examination 
  4. Provide proof of at least 8 hours of continuing education coursework
  5. Photo identification
  6. Be in compliance with City tax law

Plumbing Contractors need city-issued master plumbers licenses to operate in Philadelphia. They will also use the ECLIPSE portal to apply. Other requirements are:

  1. Proof of insurance
    • General liability: $500,000 per occurrence
    • Automobile liability insurance: $300,000
    • $500,000 policy limit
  2. Registration as a Philadelphia Apprentice Plumber for a minimum of four years
  3. Registration as a Philadelphia Journeyman Plumber for a minimum of one year
  4. Take and pass the Philadelphia Master Plumber Examination
  5. Provide photo identification
  6. Be in compliance with City tax law

Pittsburgh

There are a few contractors that the city of Pittsburgh requires to carry a license: general contractors, sign contractors, plumbing contractors, and electrical contractors. These licenses fall under the Department of Permits, Licenses, and Inspections

General contractors are able to build and renovate one or two-family dwellings. The requirements are:

  1. Valid driver’s license and photo ID
  2. Proof of insurance
  3. Proof of worker’s compensation (or an affidavit stating you have no employees)
  4. Comply with City tax law
  5. Check or money order made out to “Treasurer – City of Pittsburgh”
  6. Apply online or with a paper copy

Sign contractors are able to erect, alter, repair, or maintain ground signs, wall signs, projecting signs, and more. They have the same requirements to meet as General Contractors, and they can apply online or with a paper copy

Plumbing contractors must carry Allegheny County-issued master plumber licenses. This license falls under the County Health Department. To apply, would-be contractors will use this application. They must have two full years of work experience as a journeyman plumber.

Electrical contractors must carry city-issued licenses to take contracts in the city. They also have several other requirements to meet, including:

  1. Valid driver’s license or photo ID
  2. Proof of 8 hours of continuing education
  3. Payment of check or money order to the city Treasurer
  4. Completed trade license application
  5. Proof of general liability insurance
  6. Proof of worker’s compensation
  7. Proof of passing score of electrical trade test
  8. Apply online or with a paper copy

Allentown

Neither the city of Allentown or Lehigh County have requirements for general contractor or home improvement contractor licensing. Instead, they rely on the Attorney General’s registration. However, plumbing, electrical, and sheet metal contractors do need licenses-issued by the city.

Plumbing contractors do require city-issued licenses. The city’s requirements aren’t explicitly outlined on its website, but the application is available.

Electrical contractors also require city-issued licenses, and the requirements are more clearly outlined:

  1. Must be 21 years or older
  2. Have a high school diploma or G.E.D.
  3. Master applicants must have 4 years of practical experience
  4. Fill out this application

Sheet metal contractors must carry a city-issued license as well, though the requirements are a bit cloudy. This is the appropriate application.

Erie

Neither the city of Erie nor Erie county has any regulations for general contractor or home improvement contractor licensing. The city does require licenses for electricians, plumbers, and HVAC installers, but contractors must contact this office for any information on licensing.

Reading

To operate a plumbing or electrical contracting business in the city of Reading, you or someone on your staff must hold a masters-level license. The license requirements are as follows:

Electrical license:

  • PA Apprenticeship and Training Council – Apprenticeship Agreement or
  • PA Apprenticeship and Training Council – Certificate of Completion of Apprenticeship
  • And proof of completion of 4 years of approved apprenticeship training, consisting of at least 2000 work hours per year.
  • And proof of instruction in subjects related to each trade for the hours required by each trade during the 4 year apprenticeship by an accredited educational provider. Each Trade Board will have the discretion to decide whether or not to allow candidates to take their respective test in April before the completion of the 4th year. Candidates should inquire as to each Board’s respective rules regarding early testing, at the beginning of their 4th year or
  • Proof of a minimum of 8 years of work experience under a Licensed Master Electrician, Master Plumber, or Mechanical Contractor for all other license classifications or reciprocal licenses, contact the appropriate trades inspector for testing and licensing requirements.

Plumbing license:

  • Proof of possession of a City of Reading Journeyman license for 2 years or
  • Proof of employment as a Journeyman in another jurisdiction for 2 years

Applications are available through the office of Building and Trades Division:

Building/Trades Division
815 Washington Street, RM 3-10
Reading, PA 19601-3690
(610) 655-6284

Penalties for unlicensed contracting in Pennsylvania

Penalties and fines for unlicensed work are the responsibility of the municipalities and will vary from location to location. However, working while not registered with the Attorney General’s Office is a violation punishable by fines of $1,000 or more.

Protecting your payments in Pennsylvania

Regardless of which state you work in, cash flow is always an issue in construction. Allowing a mistake like working without a license when it’s required could end up costing you some of that valuable cash.

On top of licensing requirements, Pennsylvania contractors have certain deadlines they need to keep an eye on to protect their payments. For instance, subs and suppliers have 45 days from first furnishing to send a preliminary notice on some projects. Also, they must provide a Notice of Intent to lien 30 days before filing a lien. They also have six months since final furnishing to file a mechanics lien. 

Don’t let these deadlines or working without a license affect your cash flow. Protect your payments and stay on the right side of licensing regulations.


How Construction Liens Work (and How to Prevent Them)

Construction is a tough business. It takes a strong work ethic, great problem-solving skills, and a dedication to customer service to survive. Ask most contractors about it, and they’ll tell you that it’s all worth it to make their customers’ visions come true. It’s even better when that check hits the bank account. When a contractor performs work on a property, they have the right to get paid for their work. That’s the entire reason construction liens exist.

What happens when contractors don’t get paid? I know it’s hard to fathom, but there are people in this world who don’t hold up their end of the deal. The contractor could perform the work according to the agreement, only to be left empty-handed by the customer.

In these situations, a contractor might have to file a construction lien to see any of the money owed to them for their work.

What is a construction lien?

A construction lien, more commonly known as a mechanics lien, is a type of security interest in real property provided to contractors, suppliers, and others as a tool to collect payment on building projects.

Every U.S. state has construction lien laws that govern the notices, deadlines, and procedures that construction professionals must follow to file a lien claim.

Learn more: Mechanics lien rules & requirements in each state

A construction lien provides so many benefits to contractors and suppliers that make it one of the most powerful payment tools in their administrative arsenal.

Construction liens date back to Jefferson

We owe the creation of modern construction liens to Thomas Jefferson. As a lawyer and architect, Jefferson knew well the pay-related dangers builders faced. To encourage the construction of the new capital in Washington, Jefferson created construction liens as a recourse for abused contractors.

A construction lien is filed on real property

In most cases, when a contractor creates an improvement on real property, they have a right to payment for their time, materials, and efforts. If the property owner or hiring party decides not to pay them, the contractor can file a construction lien against the property. 

Notice that the lien is against the property, not the property owner. Because the lien attaches to the property, it can be very difficult to sell it or refinance. It can also be difficult to secure further financing for the project, should the owner need another infusion of cash to finish it.

A construction lien is public record

There are certain requirements that the contractor must meet to be eligible to file a lien, and these requirements vary from state to state. However, in most states, the contractor files the construction lien with the county clerk or recorder’s office in the county where the project lies. This makes the lien part of the public property records. 

Learn more: How to file a mechanics lien in any state

Anyone who looks for the property information at the county recorder’s office will see the lien against the property. This includes prospective buyers or business partners.

You don’t even need to know the contractor

It’s entirely possible to have a lien filed against your property by a contractor that you haven’t even heard of

Say you hired a general contractor to handle your project. The GC will most likely hire subcontractors to work for him to complete the project. It’s your responsibility to pay the general contractor, and it’s the GC’s job to pay his subs.

But this isn’t always how it goes. On occasion, a GC will hold onto payments for many reasons: They could be dissatisfied with the sub’s work. They could be holding onto payment cash to shore up their account or front another job. They could just have no intention of paying the sub for their work.

Whatever the reason, a subcontractor who goes unpaid has the right to file a construction lien against your property, even if you didn’t hire him.

Mechanics Lien Form

File a lien now

Levelset takes all of the guesswork out of the filing process. We’ll research the project information and ensure your claim is done right.

How to prevent a construction lien

By now, you understand that construction liens are something worth avoiding. The good news is, with a bit of knowledge, research, and effort, you can minimize the chance of a mechanics lien attaching to your property.

Get financing set up in advance

Many a construction lien resulted from a good, honest person running out of cash or getting in over their head. It’s not that they didn’t want to pay the contractor; they just didn’t have the money.

Line up your financing before the project begins. Whether this means securing a loan or liquidating an investment, be sure that you’ll have the cash on hand when progress payments pop up.

Prequalify your contractors

Prequalifying your contractor can be a huge step toward safeguarding your property from a construction lien. By checking into your general contractor’s payment and credit history, as well as their subcontracts, you’ll get a clearer picture of their payment practices.

Ask around before you enter into a contract with a GC. While isolated issues shouldn’t be much cause for concern, consistent issues across several projects should be a red flag. Even if those projects didn’t end up with the filing of a construction lien, the writing might be on the wall.

Levelset’s Contractor Payment Profiles make this process easy. It can serve as an incredible source of valuable information when vetting your contractor. You’ll learn about payment issues and overall payment speed. You can also read reviews from subcontractors and suppliers they’ve hired.

Communicate with everyone

Communication is the most important — but unfortunately most poorly handled — aspect of construction projects. Don’t let that be the case on your property.

If you want to ensure that the project is going well and that everyone is receiving fair treatment, talk to them. Ask your general contractor about the other contractors on the project. You can ask them to get a list of subs and suppliers from their subcontractors.

Speak to your GC about requiring a preliminary notice for everyone on the project. Even if it’s not a requirement in your state, a preliminary notice from every sub and supplier attached to the project will allow you to build a roster of project participants.

Pay on time

The easiest way for you to do your part in warding off a construction lien is to simply pay your contractors on time. If progress payments are due, send them out. Don’t be afraid to ask for lien waivers from subs and suppliers as well.

Ensure the GC has a plan for paying all the subs and suppliers

Talk to your GC about paying the other project participants. This is another good time to ask for a list of subs and suppliers, as well as making lien waivers a requirement on your project. 

How to remove or release a construction lien

There are a few ways that a property owner can remove or release a lien, and it often depends on whether the lien is valid or not.

Removing invalid construction liens

Individual states have regulations that determine whether a lien is or is not enforceable. Essentially, they determine whether or not a lien is valid. It’s entirely possible to have an invalid lien filed against a property. 

Here are some ways to fight an invalid lien:

  • Immediately file preliminary objections if the lien claim doesn’t meet the state’s requirements, and let the court decide.
  • Some states don’t allow liens on single or double residential projects if the property owner paid the GC in full. 
  • File a lawsuit against the lienor.

Removing valid construction liens

For all of your best efforts, things do happen. If you do end up with a construction lien against your property, you do have some options.

Here are some ways to remove a valid lien:

  • Negotiate with the contractor. Communication is key in avoiding construction liens, but it can also be key in resolving them.
  • Enlist the help of a surety to bond off the lien. The surety will provide the county with proof that you can pay the lien’s amount if the court rules that you have to. The lien will attach to the bond at that point, not the property.
  • Hire a construction lawyer and take the contractor to court. Even if the lien meets all of the state requirements, you could have a case validating non-payment.

Enforcing a valid lien

If you’re the one filing the mechanics lien, it might not always be clear about what your next steps are after filing.

Check out The 4 Steps to Take After Filing a Mechanics Lien for guidance on what to do, and how to enforce your lien.


Contractors License Rules: The Ultimate Guide to Licensing in Every State

Contractor licensing is one of the most important initial steps in becoming a legitimate construction businesses. Holding the proper license helps to protect your payment rights, but it also lets your customers know that you’re a professional with a certain level of expertise. Most states require contractors to hold a license by law. Working without a contractors license is illegal in some cases, and can cause you to lose your rights under mechanics lien laws. 

But which license do you need? What are the contractors license requirements in your state? What do you need to do to operate your construction business above-board?

This guide provides the answers to questions about state contractors license requirements. Learn the different licenses and requirements for each state, where to get licensed, and the penalties for unlicensed contracting.

Why contractors need a license

On the surface, a contractor license might seem like just another hurdle in starting a business. But the truth is, there are plenty of good reasons why they exist. Most of these reasons are to ensure that the contractor is capable and responsible on several different levels.

Safety

One of the most important reasons contractors have to carry licenses of some type is for safety’s sake. The state regulatory boards want to ensure that a contractor knows the proper header thicknesses, how to wire an electrical panel, how to ensure a gas-fired water heater is running properly, and how to handle many other potentially dangerous situations.

By testing the contractor’s trade knowledge, the state gains a baseline on a contractor’s industry know-how. Contractors that don’t carry licenses may very well know what they’re doing, but there isn’t any proof of that at the state level.

For that reason, states will track down unlicensed contractors, shut down their jobs, and force them to pay fines before pursuing licensing.

Consumer protection

Building isn’t the only aspect of running a contracting company. Contractors also need to run fair and ethical businesses, and states need to ensure they do so to protect consumers. What better way to see if a contractor knows the rules than making them prove it on a written exam?

Most states that offer contractor licensing exams have at least two main sections: trade knowledge and business law. Trade knowledge ensures that contractor applicants know how to do the job properly. The business law section typically covers best practices, tax rules, business ethics, and other vital aspects of fair business. 

Between the trade and business sections, contractors have to prove their worthiness to carry a license and contract with the public. 

Learn more Construction Law: What Contractors, Subs, and Suppliers Must Know

Regulation

Contracting is highly regulated, and one of the best ways for states to keep track of individual contractors is through licensing. 

States want contractors to carry certain insurances, such as liability insurance and worker’s compensation. Some states and cities require contractors to secure bonds as well. And you know the state isn’t going to forget about its taxes. 

Read moreContractor License Bonds: Everything You Need to Know

By making these regulations part of carrying a license, the state can ensure all new contractors are on the up-and-up. And, by requiring contractors to renew their licenses every one, two, or three years, the state can also ensure they maintain those compliances.

Lien rights

From a contractor’s point of view, the best reason to carry a license is to protect their lien rights. Some states that require contractors to carry licenses won’t grant lien rights to unlicensed contractors. An unlicensed contractor could potentially do an excellent job and treat their customer like gold, but they could be totally out of luck if the customer doesn’t pay.

And, even if unlicensed contractors are able to file a mechanics lien, the story doesn’t end there. Consider what happens if they have to take the customer to court. If the contractor isn’t carrying the license that the state requires, the court might not look so fondly upon their claim. 

Types of state contractors licenses

When it comes to licensing, each state has different requirements and rules. Certain projects don’t require a license in some states, while other states take a much firmer stance. The types of licenses are fairly consistent from state to state, with some exceptions. The two basic types:

  • General contractor license
  • Subcontractor license

States often have different subcontractor license types for particular trades.

General contractors license

General Contractors License illustration

A general contractors license is a requirement in many states for anyone taking the prime contract on a construction project. In some cases, it depends on the project’s value, and this threshold determines whether or not a general contractor needs a license. 

Some states also require separate licenses for commercial and residential work. In those states, general contractors will have to take tests and maintain eligibility for both licenses if they wish to take both types of contracts.

General contractors may also need to hold a license bond. Download a guide to license bond requirements in each state.

Subcontractor license

Subcontractors license illustration

The requirements around a subcontractor license vary quite a bit from state to state. Some states, like California, require almost all subcontractors to carry and maintain a license to operate within the state.

Other states are far more relaxed about subcontractors, leaving licensing up to individual municipalities.

In general, subcontractors requiring licenses include:

  • Water, sewer, and gas plumbers
  • Electricians
  • HVAC technicians
  • Mold, asbestos, and hazardous waste contractors

Like with general contractor’s licenses, some states set project value thresholds to determine whether a license is a requirement.

Also important to note: Having contractor liability insurance is an absolute requirement for getting licensed in many states, no matter the license.

Reciprocal contractor licenses

Many states have contractor license reciprocal agreements with other states, giving contractors an easier pathway to licensure in another state. Sometimes a state will recognize a contractor’s existing license without requiring additional steps. More commonly, though, the license reciprocity only exempts the contractor from taking a written exam, but still requires an application or review. Every state has their own rules.

Licensing, registration, and certification: What’s the difference?

Image illustrating the difference between contractor licensing, registration, and certification.

The terms “licensed,” “registered,” and “certified” float around quite a bit in the contracting world, but they’re not entirely interchangeable. Depending on where you live and work, you might need to carry a license and certification for certain projects, while other states may only require you to register your business to get to work. 

The definition for each of these terms changes on a state-by-state basis, but here’s the basic rundown.

License

Contractors license illustration

The process of getting a license is usually pretty stringent. You need to meet certain requirements, including experience, insurance, and education. You may also need another tradesperson to vouch for you. Most importantly, getting a license usually requires you to take and pass a test or prove your work history.

Like all things in this guide, testing requirements vary from state to state. They generally require you to show you’re knowledgeable in your specific trade’s practices, codes, and regulations. They sometimes require you to pass a section based on business practices. 

Registration

Contractors Registration illustration

Registering your business is usually the bare minimum requirement you might need to meet to operate in your state. It usually requires little more than filling out paperwork at your local county clerk’s office or state office and paying a small fee.

This is a general process to register any type of business, but does not provide proof that you’re qualified to complete a construction project. A business registration doesn’t prove expertise or knowledge. Some states have more stringent requirements for registration — like proving your work history or taking a course — but in others, it’s not even a requirement. 

Certification

Certifications aren’t typically required in most states unless a certain aspect of your trade has environmental, health, or safety impacts like asbestos or mold removal.

While environmental agencies and trade organizations will hold certification courses, many contractors’ certifications come from private businesses.

For instance, a particular window manufacturer may certify that ABC Contracting can install their windows and products. In this case, it brings some legitimacy to your business and certifies that you know how to install the products — but it doesn’t speak to your overall capabilities the way a license does. 

Business licenses and insurance

It’s important to understand that this guide will point out the requirements for professional licensing only. Your state may require you to register your business with your county clerk’s office, obtain a business license, or carry a contractors license — and in some cases, all three.

Most states require contractors to carry worker’s compensation and liability insurance, as well as particular bonds while holding a contractor license. Check with your state’s licensing body to determine what you’ll need to carry. 

State-by-state: Contractor licensing rules & penalties

Below are the requirements for contractor licensing in each particular state. You’ll find the requirements for general contractors and subcontractors, the penalties for working without the appropriate license, and how licensing can affect mechanics lien rights.

Alabama

Contractor licensing in Alabama is a function of the Alabama Licensing Board for General Contractors. Established in 1935, the board oversees more than 8,000 state-licensed contractors, administers trade exams, and establishes the requirements for licensing.

In Alabama, a General Contracting License is a requirement for any prime contractor on a commercial project valued at more than $50,000. On residential projects, that value lowers to $10,000, and $5,000 for swimming pools.

Read the full guide to contractor license rules in Alabama

Subcontractors also need a license when working for general contractors for any work over $50,000. There are several subcontractor license classes. They include carpentry, masonry, and what the state considers specialty construction like electrical and mechanical (including HVAC and plumbing).  

Penalties

The penalties for contracting without a license in Alabama are pretty steep. Working without a license — or with an expired or revoked license — is a Class A Misdemeanor, according to Alabama Code §34-8-6

Worse yet, unlicensed contractors working on a project that requires a license have no recourse for non-payment. They aren’t eligible to file a claim under Alabama’s mechanics lien laws.


Alaska

In Alaska, the Department of Commerce, Community, and Economic Development’s Division of Corporations, Business, and Professional Licensing oversees contractor licensing. 

Read the full guide to Alaska’s contractor license rules

Alaska considers General Contractors as regulated professionals, meaning they must hold a license. They’re able to perform new construction, commercial work, and residential remodeling projects. If they oversee new home construction or take residential remodeling projects in excess of 25 percent of the home’s value, they must also obtain a Residential Contractor Endorsement. They can keep someone on their staff with the endorsement. 

Specialty contractors are also considered regulated professionals, so licensing is a requirement by state law. Essentially, subcontractors need to carry a specialty license with endorsements for their trades

Some examples of trade classifications are acoustical and insulation contractor, masonry contractor, plaster contractor, painting contractor, and welding contractor. If a contractor’s performance requires three or more of these trades, they must have a General Contractor or Residential Contractor License. Electrical and Mechanical contractors must also have Administrator Licenses.

A General Contractor-Handyman License is a requirement for projects with a total value of less than $10,000. 

Penalties

In Alaska, fines for working unlicensed where required can add up quickly. The civil fine is $1,000 for a first offense, and then $1,500 for each subsequent offense. Worse yet, each day counts as a separate violation, so two days without a license could cost between $2,000 and $3,000.

However, Alaska’s mechanics lien law does not explicitly require a license, which means unlicensed contractors can typically file liens for non-payment.


Arizona

The Arizona Registrar of Contractors (ROC) handles licensing, examination, and trade requirements in Arizona. The ROC administers examinations, sets trade standards, and handles complaints and investigations for contractors in the state.

Learn more about Arizona contractor licensing requirements

Arizona requires all contractors working in the state on a project in excess of $1,000 to carry a contractor license. The state offers separate licenses for residential and commercial work, as well as dual licenses that cover both. Both general contractors and subcontractors need appropriate license classes for their business and trade.

License classifications include General Residential Contractor, General Commercial Contractor, Carpentry Contractor, Fire Protection Systems Contractor, Plumbing Contractor, and Roofing Contractor. 

There is an exemption for projects less than $1,000, as long as there are no building permits required.

Penalties

As far as penalties go, the state of Arizona considers unlicensed contracting a Class 1 Misdemeanor, punishable by up to six months in jail, a maximum fine of $2,500, and an 83 percent surcharge. The minimum penalty for a first offense is a $1,000 fine, plus that 83 percent surcharge. 

In addition, unlicensed contractors performing work where a license is a requirement have no rights under mechanics lien laws in Arizona


Arkansas

Licensing in Arkansas is a function of the Arkansas Contractors Licensing Board. There are two bodies: The Residential Contractors Committee, which handles residential contractor licensing, and the Contractors Licensing Board, which regulates commercial contractor licensing. 

Read the full guide to Arkansas contractor licensing

General contractors in Arkansas need to carry a state license for work on any project worth more than $2,000. If you’ll be taking the prime contract on a commercial project in excess of $50,000, you’ll have to carry a Commercial License. You’ll need a Residential Builders License to build a single-family home. For work on an addition or other structural changes to an existing single-family home, you’ll need a Residential Remodelers License.

As a subcontractor, you can work for a licensed contractor without carrying a license of your own. However, you will have to register. If the prime contractor does not hold an Arkansas contracting license, you’ll have to apply for a Home Improvement License for your specific trade.

Penalties

In Arkansas, working unlicensed where a license is required is a misdemeanor, according to § 17-25-103. It’s punishable by a fine between $100 and $200 for each offense, and each day constitutes a new offense. 

As of July 1, 2020, the state elevated this offense to a class A misdemeanor, but the fines and punishments aren’t clearly defined yet.

Mechanics liens laws in Arkansas do not require a license, so unlicensed contractors do typically have recourse in the event of a payment dispute. 


California

Licensing for contractors in California falls under the scope of the Contractor State Licensing Board (CSLB). Since 1929, the CSLB has had the authority to establish trade standards, issue licenses, review complaints, and investigate unlicensed contractors and bad business practices.

Read more: How to get a California contractors license

All contractors working on projects valued at more than $500 require licenses, with just a handful of exceptions. There are three main classes:

Penalties

You can incur several penalties for unlicensed work in California. The CSLB can issue civil fines and penalties between $200 and $5,000. It’s illegal to contract without a license in California, so you could see a misdemeanor charge punishable by up to six months in jail and a $5,000 fine for a first offense. A second offense is a mandatory 90-day stay in jail and a fine up to 20 percent of the contract price up to $5,000. 

On top of that, working in California on a project valued in excess of $500 without a license means you’re forfeiting your rights under California’s mechanics lien rules. You’ll have no fall back if a payment issue arises.


Colorado

There is no state licensing board or even a state license for a general contractor in Colorado. All general contracting licensing is done at the municipality level. For instance, Denver contractors need to go through the Community Planning and Development department for their licenses. 

Read the full guide to Colorado’s contractor licensing requirements

Plumbing and Electrical contractors, on the other hand, do require state-issued licenses from the Department of Regulatory Agencies

Penalties

A first offense for performing plumbing or electrical work without a license is a Class 2 misdemeanor, according to CRS 12-58-116. That means it’s punishable by 3–12 months in jail and a fine between $250 and $1,000. A subsequent offense is a Class 6 felony, punishable by 12–18 months in jail or a fine between $1,000 and $10,000.

Fines and penalties may also apply to unlicensed contractors working in municipalities that do require licenses.

The good news is, Colorado mechanics lien law does not specifically state that you need to have a license to file a lien, so unlicensed contractors can file liens for payment disputes.  


Connecticut

In Connecticut, there is no requirement to carry a license as a General Contractor. However, Connecticut classifies contractors as either major or minor contractors. Major contractors can work on commercial and public projects. Minor contractors, also known as home improvement contractors in CT, work on private homes and small multi-family units.

Read the full guide to contractor licensing in Connecticut

Both major and minor contractors need to register their business with the state’s Department of Consumer Protection.

Specialty contractors like electricians, plumbers, home inspectors, and sheet metal workers do need specific licenses.

Penalties

Penalties for contracting without the appropriate license in Connecticut could land you in hot water with the Department of Consumer Protection. The first violation can earn a $1,000 fine, and the second and third violations can be up to $1,500 and $3,000, respectively. 

Connecticut mechanics lien laws do not specifically require a contractor to have a license to file a lien. But, on residential projects, the contractor must register with the Department of Consumer Protection and comply with the Home Improvement Act or New Home Construction Contractors Act.


Delaware

Delaware does not have a specific trade license for General Contractors. However, they will have to register the business with the Division of Revenue before contracting.

Learn more about the licensing rules in Delaware

Specialty trades like electrical, plumbing, and HVAC-refrigeration do require specific licenses to operate in Delaware. Licensing for these trades goes through the Delaware Department of Professional Regulation. You’ll have to apply and pass an exam for a license. 

Penalties

Because licensing is a matter of the municipality, fines and penalties for contracting without a license are also a local matter. However, lien claimants do not have to hold a contractors license to file under mechanics lien rules in Delaware


Florida

Contractor licensing in Florida falls under the Construction Industry Licensing Board (CILB). It oversees the licensing and regulation of the construction industry. The CILB accepts and reviews applications, reviews disciplinary cases, and conducts hearings and investigations.

Learn more about Florida’s licensing requirements

In the state of Florida, almost all contractors need to carry a license. Licensing falls under two categories: registered and certified. Registered contractors can work in specific, local jurisdictions. Certified contractors can work through the state.

Florida offers Division I certifications for general contractors. Division II certification is for trade-specific contractors and subs. Both require an application process and a written exam. Registered contractors can skirt the exam by getting a Certificate of Competency from the local licensing office.

There is an exception for handyman services: As long as you’re not working on a foundation, structural walls, plumbing, electrical, asbestos abatement, or other tasks that require licensing, you might not need one — regardless of the project value.

Penalties

Unlicensed contracting is no joke in Florida. The first offense is a first-degree misdemeanor punishable with up to a year of jail or probation. Subsequent offenses could result in a third-degree felony, with a maximum jail sentence of 5 years and civil penalties up to $10,000.

On top of the civil and legal penalties, working without a license on a project where one is a requirement will also forfeit your Florida mechanics lien rights. You could be in jail, broke, and actually owe money to the state. In some cases, you might even owe the customer three times the contract value if your work was defective.


Georgia

Licenses for Georgia contractors are a matter handled by The Georgia State Construction Industry Licensing Board. Established in 2004, it regulates the construction contracting industry within the state. It administers testing and sets the requirements for licensing.

Learn more about Georgia’s licensing requirements

Any contractor working on a project valued more than $2,500 needs to have a license in Georgia. This applies to general contractors and specialty trades

Penalties

While Georgia prohibits anyone from performing residential or commercial contracting work in excess of $2,500 without a license, the legal and civil penalties aren’t entirely clear.

However, unlicensed contracting in excess of $2,500 will deem the contract unenforceable. None of the terms or payments outlined in the contract are valid, which means no lawsuits — and you’ll be forfeiting your rights under Georgia mechanics lien laws


Hawaii

The Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Board oversees contractor licensing in Hawaii. It accepts and reviews licensing applications, administers testing, and investigates complaints.

Read the full guide to contractor licensing in Hawaii

Hawaii requires contractors performing work valued over $1,000, or a project that requires a building permit, to hold a license. There are three types of licenses:

  • Class A for engineering contractors
  • Class B for General Contractors
  • Class C for specialty and subcontractors

Penalties

Performing unlicensed contracting work in Hawaii is a misdemeanor. Although the penalties aren’t explicitly clear, you could end up with fines or jail time for unlicensed work. 

While Hawaii does take unlicensed work very seriously, it does not bar unlicensed contractors from filing a Hawaii mechanics lien in the event of a payment dispute.


Idaho

Idaho does not have a state licensing requirement for general contractors. They require contractors working on projects valued more than $2,000 to register their business with the Idaho Contractors Board

Read the guide to Idaho contractor licensing 

However, anyone performing electrical, HVAC, or plumbing contracting work does require a state-issued license, however. Public works projects require and working as a construction manager both also require special licensing.

Penalties

According to the Division of Building, anyone who performs electrical, HVAC, or plumbing work without a license is subject to civil penalties. The same goes for public works projects and construction management. 

Another thing that the state leaves up in the air (in some cases) is whether unlicensed contractors have payment rights under Idaho’s mechanics lien rules. For instance, if a contractor is not registered at the outset of the project, but registers midway through, the work performed after registration is lienable. 

In Idaho, if a licensed sub is working for an unlicensed general contractor, things get murky: If the licensed sub knew the general didn’t have a license, the sub doesn’t have any lien rights. If the sub didn’t know, lien rights are intact.


Illinois

Illinois leaves much of its licensing requirements up to the individual municipalities. Aside from plumbing and roofing, the bulk of licensing is a local matter. Plumbing licensing is a Department of Health matter, while roofing falls under the Department of Financial and Professional Regulation

Read the full guide to contractor licensing in Illinois

For instance, licensing in the city of Chicago falls under the scope of their building department. Aurora, Illinois’ licensing body is the Department of Building and Permits. General contractors, subcontractors, and specialty trades should check with each individual municipality for licensing requirements.

Penalties

In most cases, operating without a license where required is punishable by civil fines at the individual municipal level. However, roofing contractors performing work while unlicensed could face a fine of up to $10,000, according to the Illinois Roofing Industry Licensing Act

Contractors in Illinois are not required to hold a license to file a lien under Illinois mechanics lien statute — except for design professionals.


Indiana

Indiana only requires plumbing contractors to carry a state-issued license. Plumbing contractors will have to contact the Indiana Professional Licensing Agency. The PLA handles all applications, renewals, and trade standards for plumbing contractors. All other licenses are a matter of the individual counties, cities, and townships.

Read Indiana’s full contractor licensing guide

General contractors, subs, and specialty trades pursuing a license in Indianapolis can check the city’s Department of Business and Neighborhood Services for requirements. Contractors in the Fort Wayne area will need to check the Allen County Building Department website.

Penalties

Penalties in Indiana for unlicensed contracting work generally fall on the individual licensing municipalities. However, unlicensed contractors can potentially file mechanics liens under Indiana law.


Iowa

Iowa requires all contractors performing more than $2,000 in work over the course of a year to register their business with the Division of Labor. This includes all general contractors, subs, and handyman contractors.

Read the Iowa guide to contractor licenses

Specialty trades also require licenses in some cases. The Department of Health, Iowa Plumbing and Mechanical Systems Board oversees licensing for mechanical, plumbing, HVAC, refrigeration, sheet metal, and hydronic contractors. Electrical contractor licenses are the duty of the State Fire Marshal.

Some counties and cities may have their own licensing requirements, but construction contracting in Iowa is largely unregulated.

Penalties

Violations for unregistered contractors in Iowa start with $500 citations, but can amount to as much as $5,000 for subsequent violations. However, a license is not an explicit requirement for filing a mechanics lien in Iowa, so unregistered contractors do have rights to their payments.


Kansas

There are no required contractors licenses at the state level other than well drillers and asbestos abatement contractors. Both well drillers and abatement contractors need to contact the Department of Health and Environment for their licensing needs. 

Read more: Kansas contractor license guide

Subs and specialty contractors may require licensing at the local level. Contractors in Salina, KS, need to contact the City Clerk’s office for licensing. Both general contractors and specialty trades in the Wichita area need to contact the Sedgwick County Metropolitan Area Building and Construction Department.

Penalties

For the most part, penalties for unlicensed contracting are at the discretion of the individual licensing municipalities. When it comes to payment disputes, Kansas mechanics lien laws do not require a contractor to carry a license to enact their lien rights.


Kentucky

The only licenses that Kentucky requires at the state level are electrical, plumbing, and HVAC contracting licenses. They all fall under the Department of Housing, Buildings, and Construction

General contractor, sub, and specialty licenses are under the control of local municipalities. For instance, contractors looking to work in Louisville will have to meet the requirements of the Metro Department of Codes and Regulations. Contractors in the Bowling Green area will have to go through the Bowling Green-Warren County Contractors Licensing Board for licensing requirements.

Read the full guide to contractor licensing in Kentucky

Penalties

Penalties for unlicensed work in Kentucky are determined by local municipalities, and they aren’t well defined. Even the state’s penalties for unlicensed plumbers or electrical contractors aren’t explicitly clear.

However, all contractors, regardless of licensing, have rights under Kentucy mechanics lien rules. Design professionals are the only exception, as they do need a license in order to file a mechanics lien.   


Louisiana

Licensing for contractors in Louisiana falls under the scope of the Louisiana State Licensing Board for Contractors (LSLBC). Established in 1956, the board’s goal is to protect consumers from incompetent or fraudulent acts while promoting the integrity of the construction industry. 

General contractors need either a residential or commercial license. A residential license is a requirement for projects exceeding $75,000. A commercial license is a requirement for projects over $50,000 in value.

Learn more: How to get a contractors license in Louisiana

Subcontractors need a license for work exceeding $7,500, unless it involves hazardous materials or mold: For these situations, once the project value exceeds $1, a license is required.

Home improvement contractors have to simply register their business with the state LSLBC when the total project value is between $7,500 and $75,000.

Penalties

Contracting without a license in Louisiana is a misdemeanor, according to RS 37:2160. It’s punishable by a fine of up to $500 per day of violation, three months in prison, or both. 

Unlicensed contractors do have mechanics liens rights in Louisiana, but there are some caveats. They’re only allowed to recover the minimum value of their work, and the LSLBC does retain the right to penalize them.


Maine

Regulating and licensing the construction industry in Maine is, for the most part, the function of individual municipalities. Even at that, not all municipalities are particularly prudent. According to the state’s website, building codes aren’t even universally adopted throughout the state.

Read the full guide to getting a Maine contractor license

Two trades that the state’s Department of Regulatory Licensing and Permitting does regulate are electricians and plumbers.  

There is one rule that all contractors must follow, though: Any project valued more than $3,000 requires a written contract.

Penalties

There are no licensing requirements for mechanics lien rights in Maine, so unlicensed contractors do have recourse to their payments. However, if the state requires a license (as in the case with plumbers and electricians), they may have to pay penalties. 


Maryland

Licensing in Maryland is a bit all over the place: For example, general contractors can build new construction homes without a license, but they’ll have to register the business with the Home Builder Registration Unit of the Office of the Attorney General

Read the full guide to contractor licensing in Maryland

Home improvement contractors need a license from the Maryland Home Improvement Commission. Individual municipalities and counties handle commercial contractor licensing. 

Subcontractors and specialty contractors may require licenses. Plumbers, HVAC-R technicians, and electricians need to apply for a license with the Maryland Department of Labor. Other trades need to check with the local municipality.

Penalties

Working as an unlicensed contractor where a license is required is a misdemeanor in Maryland. The first offense is punishable by a fine of up to $1,000 and 30 days in jail. Subsequent offenses bump those consequences up to a $5,000 maximum fine and two years in jail.

The only licensing requirements for mechanics lien rights in Maryland pertain to interior designers (which require a certification), and corporations (which must register with the state). Other than that, unlicensed contractors typically have the right to file mechanics liens in payment disputes. 


Massachusetts

There are several licensing bodies and registries in Massachusetts, and their requirements may seem confusing.

Learn more: Massachusetts contractor license rules & requirements

The Massachusetts equivalent of a general contractor’s license is a Construction Supervisor License (CSL) from the Office of Public Safety and Inspections. A CSL is a requirement on all construction 1–2 family home construction projects. It’s also a requirement for work on 1–4 family, owner-occupied projects, but the contractor must also register with the Home Improvement Program

For projects exceeding 35,000 cubic feet of enclosed space, the overseeing party must be a registered design professional (RDP), like an engineer or architect: A CSL will not suffice.

Specialty contractors will need to register with the Home Improvement Program in most cases. Electricians will require a license from the Board of State Examiners of Electricians. Plumbers will need to contact the Board of State Examiners of Plumbers and Gas Fitters. HVAC and refrigeration techs will have to go through the Office of Public Safety and Inspections

Penalties

You need to be sure that you have the proper licenses in Massachusetts; the state doesn’t take kindly to unlicensed contracting. Working without the appropriate state-required license (even if you forgot to renew it) is punishable by a $5,000 fine and up to two years in prison.

That said, there are no specific licensing requirements according to Massachusetts mechanics lien rules. Just be aware that the licensing and registry bodies may penalize you for failing to hold the proper vetting.


Michigan

The majority of Michigan licensing goes through the Michigan Department of Licensing and Regulatory Affairs (LARA). Along with almost every other profession in the state, it oversees licensing for general contractors and specialty trades.

Read the full guide to contractor licensing in Michigan

General contractors in Michigan require either a Residential Builders license or a Maintenance and Alterations Contractors license. Commercial contractors will need to check with the local municipality to determine which licenses they may need to carry. 

Almost all subs and specialty trades need to carry a license in Michigan as well. Electrical contractors need to pursue a license through the Bureau of Construction Codes, Electrical Division. Fire suppression and HVAC licenses are a matter of the BCC, Mechanical Division. Plumbers need to contact the BCC, Plumbing Division for licensing. 

Penalties

According to Michigan’s Occupational Code, operating without a license where one is a requirement is a misdemeanor. It’s punishable by not less than $5,000 (up to $25,000), or one year in prison — or both. Any subsequent offense is punishable by the same fine, but jail time extends to two years. If a death or injury occurs while operating unlicensed, the fines remain, but the jail sentence extends up to four years.

If you’re working as an unlicensed contractor on a residential project, you’ll have no rights under mechanics lien laws in Michigan. However, some unlicensed contractors on commercial projects do retain lien rights. 


Minnesota

Minnesota’s licensing body is the state’s Department of Labor and Industry (DLI). The main licensing requirements are fairly unique. For instance, commercial contractors need to register with the Contractor Registration Program, but do not need licenses. Also, contractors providing only one “special” skill do not need to carry a license (except for residential roofers). 

Read the guide to contractor licenses in Minnesota

If you’re a general contractor working on residential building or remodeling projects, you will need a Residential Building Contracting license from the DLI.

Residential building contractors performing less than $15,000 in annual gross receipts do not need licenses in Minnesota, provided they have a certificate of exemption

Subcontractors must have a Residential Building Contracting License if they are performing work in two or more of the following areas:

  • Excavation 
  • Masonry/concrete
  • Carpentry
  • Interior and/or exterior finishing
  • Drywall and plaster
  • Roofing
  • General installation

They also have to register their business with the Contract Registration Program. Electrical and plumbing contractors need to pursue separate licenses from the DLI, while HVAC mechanics are not regulated at the state level. 

Penalties

Unlicensed contractors working without the proper licenses are subject to a misdemeanor charge in Minnesota. While the exact penalties are unclear, one thing is clear: Working unlicensed when the state requires one means forfeiting your rights to a mechanics lien or lawsuit.

With that said, contractors that the state doesn’t require to hold a license do have lien rights under Minnesota law


Mississippi

Contracting licenses are a function of the Mississippi State Board of Contractors. The ten-member board regulates licensing, enforces licensing laws, and educates consumers.

Read the guide to contractor licenses in Mississippi

All contractors and subs on commercial jobs valued over $50,000 require a license. This value lowers to $5,000 for public fire protection systems, and $10,000 for private fire protection systems.

Residential contractors performing new construction over $50,000, remodeling over $10,000, or roofing over $10,000 also require a license. Electrical, plumbing, or HVAC contractors on projects under $10,000 on a residential project do not require a state license, but may be subject to local regulations

The Board breaks down licensing classifications into the following classes:

  • Building Construction
  • Electrical
  • Highway Street and Bridge Construction
  • Heavy Construction
  • Mechanical
  • Municipal and Public Works
  • Fire Sprinkler
  • Solar and Wind Construction 

Many of these have subcontractor classes for specialty contractors, and may require tests.

Penalties

Though Mississippi isn’t explicitly clear about the penalties for unlicensed contracting, the state does make it clear that it’s illegal. Further, unlicensed contractors have no rights at all under Mississippi’s mechanics lien laws.


Missouri

There are no state-mandated requirements for general contractor licenses in Missouri. Instead, most licensing regulation is a function of counties and municipalities. In fact, only recently has there even been a statewide electrical license recognized in Missouri. 

Read the guide to contractor licenses in Missouri

Locla municipalities are responsible for the regulation of contractors and penalties for unlicensed work. For instance, contractors interested in working in Kansas City will have to contact the City Planning and Development office. The city has different requirements for several trade classes, including fire protection, plumbers, HVAC, and more. 

Penalties

With such lax licensing laws, it’s not surprising that holding a license is not a requirement under mechanics lien rules in Missouri


Montana

Montana is one of the more relaxed states when it comes to contracting licenses. Any licenses that are state requirements fall under the scope of the Department of Labor and Industry (DLI). Plumbing and electrical contractors will need to contact the DLI for licensing. 

Read the full guide to Montana contractor licenses

Instead of licensing, Montana requires construction contractors to register their businesses with the state’s Construction Contractor Registration Program. It requires registration of anyone who adds to or takes away from a structure, project, development, or improvement attached to real estate. It’s the state’s way to ensure that all contractors carry the required worker’s compensation insurance.  

Penalties

Not registering with the registration program can result in a $500 fine for each violation. Also, performing electrical or plumbing work without a license is a misdemeanor, which could result in a minimum $250 fine (maximum of $1,000), imprisonment between 90 days to a year, or both. 

There are no explicit licensing requirements for contractors to file a claim under Montana mechanics lien law, so unlicensed contractors do have rights in payment disputes. 


Nebraska

Most regulation at the state level in Nebraska pertains to registration as opposed to licensing. All contractors earning more than $5,000 annually, including general and subcontractors, must register their business with the state’s Contractor Registration program. 

Read the guide to contractor licenses in Nebraska

Electrical contractors are required to get state-issued licenses with the Nebraska State Electrical Division. Plumbers, HVAC contractors, and other subcontractors will have to check with local municipalities for licensing requirements: For instance, Omaha requires licensing for building, electrical, mechanical, and plumbing contractors. Lincoln has similar requirements. 

Penalties

If a contractor receives a citation for not registering with the Contractor Registration, the fee could be up to $500. They then have the opportunity to contest the citation. If the contractor has never registered, they have up to 60 days to do so, at which point the registry will waive the penalty fee.

There are no explicit requirements for licensing in Nebraska mechanics lien law. Unlicensed contractors are generally allowed to file a lien as a result of a payment dispute. 


Nevada

Construction licensing in Nevada is the responsibility of the Nevada State Contractors Board. The board regulates trade licenses within the state.

Learn more about Nevada’s contractor licensing rules

Nevada requires all contractors to carry state-issued licenses. Residential general contractors should pursue Class B licenses, while Class C licenses apply to specialty trades and subcontractors.

Penalties

It’s illegal to contract without a license in Nevada. The first offense is a minor misdemeanor. The second offense constitutes a gross misdemeanor. A third offense becomes a Class E Felony.

On top of getting hit with a possible felony charge, your payments may be at risk. If you’re required to carry a license but operate unlicensed, you’ll have no right to a Nevada mechanics lien or lawsuit. 


New Hampshire

New Hampshire doesn’t have a requirement for general contractors. Most licensing requirements fall on local municipalities and counties. However, plumbing and HVAC licenses fall under the control of the Division of Fire Safety. Electrical contractor licensing is the responsibility of the Office of Professional Licensure and Certification.

Even the largest cities in New Hampshire don’t have well-defined licensing requirements. In fact, many cities prefer to manage contractors through permits. Nashua, for instance, requires contacting the Building Safety Department. The same applies to Concord

Read the complete guide to contractor licenses in New Hampshire

Penalties

Operating as an unlicensed electrical contractor in New Hampshire is a misdemeanor. The same is true for unlicensed plumbing contractors

Contractor licensing is not a requirement for filing a mechanics lien in New Hampshire


New Jersey

New Jersey does not require general contractors to hold licenses, though they do need to register their businesses with particular state offices. 

Home improvement contractors need to register their business with the New Jersey Division of Consumer affairs. Homebuilding contractors need to register with the New Jersey Department of Community Affairs. Commercial contractors do not have to register.

Learn more about New Jersey’s contractor licensing rules

If a contractor deals in financed home repair contracts, they must have a home repair contractor license issued by the New Jersey Department of Banking and Insurance. This doesn’t apply for cash payments or credit card payments taken over the course of 90 days or less.

Electrical, plumbing, and HVAC contractors need to carry licenses issued by the New Jersey Division of Consumer Affairs.

Penalties

The penalty for working without registering is a civil penalty of up to $10,000 for the first offense and $20,000 for each subsequent offense. There can also be criminal charges and additional fees.

There are no licensing requirements for filing a mechanics lien under New Jersey law, so an unlicensed contractor can file a lien for a payment dispute.


New Mexico

Professional licensing in New Mexico is done by the New Mexico Regulation and Licensing Department. Specifically, the Construction Industry and Manufactured Housing Division controls licensing for contractors and subs.

Read the guide to contractor licenses in New Mexico

New Mexico requires just about every contractor to carry a license. General contractors and subcontractors can find their classification in the NM Administrative Code, Title 14, Chapter 6. The exception to this rule is for contractors making less than $7,200 annually — they don’t require licensing.

Penalties

Unlicensed contracting in New Mexico is illegal, and the consequences depend on the value of the project. For projects valued at less than $5,000, unlicensed contractors may see up to 90 days in jail or a fine of $300-$500. For projects over $5,000, the contractor may see a jail sentence of up to six months and a fine up to 10 percent of the contract’s value. 

When it comes to payment disputes, unlicensed contractors don’t have a ladder to stand on in New Mexico. They’re unable to file a claim under New Mexico’s mechanics lien rules. They’re also unable to file a suit. In fact, in some cases, the homeowner can event request their money back. 


New York

New York leaves most licensing requirements up to its cities and counties. The only construction-related licenses issued at the state level are asbestos abatement contractors and crane operators. Both of these licenses fall under the control of the Department of Safety and Health

Read the full guide to contractor licensing in New York

General contractors, subs, and specialty trades need to check their local municipalities for licensing requirements. In New York City, Home Improvement Contractor Licenses are required for any contractor to build, repair, remodel, or make other improvements to residential land or building. Rochester has its own licensing as well. Work in and around Yonkers will require a Home Improvement Contractor license.

Learn more New York Home Improvement Contracts: What Residential Contractors Need to Include

Penalties

Fees and penalties are also a function of the individual municipalities. However, operating a crane without a license is a state misdemeanor, varying between Class A and B, depending on the circumstances. 

The rules for New York State mechanics liens make it clear: If your work requires a license, and you don’t have that license during the project, you do not have lien rights. You also cannot file a lawsuit. 


North Carolina

Licensing in North Carolina falls under the North Carolina Licensing Board for General Contractors. The board consists of nine members, five of which are general contractors representing each of the classifications, as well as a structural engineer, and three citizens without ties to the construction industry.

Read the full contractor licensing rules in North Carolina

General contractors must have a license to take on any projects valued in excess of $30,000. There are five classifications for general contractors: building, residential, highway, public utilities, and specialty contractors. Subs and specialty contractors both fall under the final category.

Licenses come with three limitations: Limited for projects up to $500,000, Intermediate for projects up to $1,000,000, and Unlimited. Each has increasingly stringent requirements. 

Electrical, plumbing, HVAC, and fire sprinkler contractors require separate licenses as well. Subcontractors outside of those trades in contract with a licensed general contractor do not need licenses.

Handyman service work for less than $30,000 is exempt from licensing. 

Penalties

The North Carolina Licensing Board for General Contractors can enforce penalties for contracting without a license. The penalties could include civil fines, criminal charges, and even an order barring the general contractor from acting as a contractor moving forward. 

However, there are no license requirements according to mechanics lien statute in North Carolina.


North Dakota

General contracting licensing in North Dakota is under the control of the Secretary of State.

North Dakota requires all contractors performing work valued at more than $4,000 to carry a license. Contractors can choose to apply for four classes: Class A for projects over $500,000, Class B for projects up to $500,000, Class C for projects up to $300,000, and Class D for projects up to $100,000.

Read the full contractor licensing rules in North Dakota

In addition, plumbing and electrical contractors require separate licenses.  

Penalties

As far as penalties go, North Dakota considers contracting without a license as a Class A misdemeanor. However, since North Dakota mechanics lien law doesn’t explicitly require a license to file a mechanics lien, unlicensed contractors can potentially file a lien. 


Ohio

Ohio doesn’t have state requirements for general contractors. Licensing for professionals is a matter handled by cities and counties. Commercial electrical, plumbing, HVAC, and hydronics professionals need to carry a state-issued license, however. The Ohio Construction Industry Licensing Board oversees those licenses. 

Read the full guide to contractor licensing in Ohio

General contractors, home improvement contractors, and subs will have to check with local municipalities to determine their licensing requirements. Contractors in Columbus need to check with the Building and Zoning Department. Cincinnati-based contractors need to check with the city’s Buildings Department.

Penalties

Contracting without a license where it’s a requirement can get expensive quickly. The OCILB can hit unlicensed contractors with a $1,000 fine per day, per violation. However, there are no specific licensing requirements found in Ohio’s mechanics lien law, so unlicensed contractors do generally have rights to payment claims.


Oklahoma

In Oklahoma, electrical, mechanical, plumbing, and roofing contractors have to carry state-issued licenses from the Oklahoma Construction Industries Board. Oklahoma does not require general contractors to carry state-issued licenses.

Read the full contractor licensing rules in Oklahoma

Since Oklahoma doesn’t license general contractors at the state level, counties and cities handle their own requirements. Oklahoma City contractors need to check with the city’s Business Licensing Department. Broken Arrow contractors should check the Community Development Business Registration and Licensing department.

Penalties

Penalties and fines are, for the most part, the responsibility of the individual municipalities. However, contracting without a license in Oklahoma is a misdemeanor

There are no licensing requirements for filing a mechanics lien in Oklahoma, so unlicensed contractors do have rights in a payment dispute. 


Oregon

Licensing in Oregon is a function of the Oregon Construction Contractors Board

The Oregon Construction Contractors Board is pretty clear about who requires a license: Anyone who works for compensation in any construction activity involving improvements to real property needs a license. This includes carpentry, electrical, plumbing, and HVAC contractors, as well as handyman services and home inspectors. 

Read the contractor’s guide to Oregon licensing

Licenses are available in residential, commercial, or residential and commercial. Specialty contractors need to choose an endorsement when applying for their license.

Penalties

Contracting without a license in Oregon is punishable by a $1,000 fine for a first offense. If the property owner files a complaint for damage, that fine can climb to $5,000. The fines can also amount to $5,000 if you’re a repeat offender. Just bidding without a license can be a $500 fine.  

On top of fines, unlicensed contractors in Oregon are not allowed to file a mechanics lien.


Pennsylvania

The only licenses that the state of Pennsylvania requires for contractors are for asbestos and lead removal (with the Department of Labor and Industry), as well as crane operators (with the State Board of Crane Operators). 

Read more about Pennsylvania contractor licensing

All other home improvement contractors need to register with the State Attorney General Office.

Beyond those licenses and registry, contractors need to check with local municipalities to determine licensing requirements. Philadelphia requires all contractors involved in construction, demolition, or repair to carry a license. 

Penalties

Penalties and fines for unlicensed work are the responsibility of the municipalities and will vary from location to location. However, working while not registered with the Attorney General’s Office is a violation punishable by fines of $1,000 or more.

Pennsylvania mechanics lien law doesn’t explicitly require a license, so unlicensed contractors do generally have recourse in the event of non-payment.


Rhode Island

Rhode Island’s contractor rules focus on registration over licensing. It requires all contractors to register with the Contractors Registration and Licensing Board. The board also requires you to complete five hours of Continuing Education. 

Read the full guide to contractor licensing in Rhode Island

Rhode Island does require actual licenses for commercial roofing contractors, well-drillers, and home inspectors through the Contractors Registration and Licensing Board. The Department of Workforce Regulation and Safety issues licenses for electrical contractors.

Penalties

The first violation for non-registered contractors can lead to a fine of up to $5,000. Subsequent offenses can cost as much as $10,000 each.

Worse yet, an unregistered contractor has no right to a lien claim under mechanics lien law in Rhode Island in the event of a payment dispute. 


South Carolina

Contracting licenses in South Carolina are a function of the South Carolina Contractor’s Licensing Board. The board’s role is to protect the health, safety, and welfare of the public through the regulation of construction contractors.

Read the full guide to contractor licensing in South Carolina

South Carolina requires contractors performing work over $5,000 to hold a General and Mechanical Contractors license. This license class can work on residential, commercial, and industrial projects. 

Contractors performing only residential work can contact the Residential Builders Commission for licensing and registration. This commission licenses electrical, HVAC, and plumbing specialty contractors, as well as Residential Home Builders.

Penalties

Contracting without a license is a bad idea in South Carolina. Contracting without the appropriate license can cost up to $250, but a second offense can bring you before the board.

Also, contracting without a license where it’s required forfeits your mechanics lien rights in South Carolina.


South Dakota

South Dakota’s licensing falls on municipalities. Electrical and plumbing contractors, however, receive licenses from the Department of Labor and Regulation.

While licenses aren’t a requirement at the state level for more trades, all contractors engaged in construction need to register for a South Dakota Contractor’s Tax License with the Department of Revenue. 

Read the full guide to contractor licensing in South Dakota

Because licensing is up to the individual cities and townships, contractors need to check locally for their licensing requirements. The city of Sioux Falls handles contractor licensing and exams through the Office of Planning and Development Services. Rapid City contractors will need to call the licensing office directly. 

Penalties

Most penalties are at the discretion of the municipalities and vary from city to city. However, operating without a contractor’s tax license isn’t a great idea. It’s a Class 1 misdemeanor, punishable by up to $1,000 or a year in jail, or both. Continuing to operate the business after receiving notification bumps it up to a felony with a fine of up to $4,000, or up to two years in prison.

However, there are no licensing requirements in South Dakota mechanics lien laws, so unlicensed contractors do have rights to liens in the event of non-payment.


Tennessee

Licensing in Tennessee is a function of the Tennessee Department of Licensing and Insurance, Board for Licensing Contractors.

General contractors need a state-issued license before bidding on the project or contracting directly with the owner. Subcontractors need licenses before contracting with a general contractor when the project exceeds $25,000.

Read the full guide to contractor licensing in Tennessee

Subs performing electrical, mechanical, plumbing, HVAC, and roofing require licenses when the project is over $25,000 in value. Masonry subs need licenses when the value exceeds $100,000. 

Subs performing drywall, painting, landscaping, and carpentry are not required to obtain a license if they’re working for a licensed contractor. 

Penalties

Penalties are interesting for Tennessee unlicensed contractors. They’re found under Tennessee Code 62-6-120. Contractors caught working unlicensed will be ineligible for a license for six months after the determination.

The contractor himself isn’t the only one penalized. Persons hiring unlicensed contractors for projects exceeding $25,000 are committing a Class A misdemeanor. There are also fines for contracting without a license, which range from $50–$1,000. 

Also, unlicensed contractors working on single-family, residential, home improvement projects lose their rights to file a claim under mechanics lien rules in Tennessee. For other projects, there is no specific licensing requirement. 


Texas

General contractors aren’t required to carry a state-issued license. Licensing for these contractors is a matter of local municipalities. However, all businesses in the state must apply for a Texas Business License.

While municipalities handle most licensing, the Texas Department of Licensing & Regulation governs licenses for electricians, HVAC technicians, and plumbers. 

Learn the full rules for contractor licenses in Texas

Since municipalities set their own requirements for licensing in Texas, you’ll have to check with your local licensing office. Contractors working in Austin can contact the City of Austin Development Service Department. San Antonio contractors should check in with the Developmental Service Department for both home improvement contractor and residential building contractor licensing. 

Penalties

Penalties and fines are also the responsibility of the municipality, though there are repercussions for operating without a state-required license. HVAC mechanics working without a Texas required license are committing a Class B misdemeanor, punishable by a fine between $1,000 and $3,500 and up to one year in jail. 

While the fines are steep, unlicensed contractors do generally have mechanics lien rights in Texas.


Utah

Contracting licenses in Utah fall under the Utah Division of Occupational and Professional Licensing. It requires all construction professionals to obtain a state-issued contractors license.

Read the Utah contractor licensing guide

Both general contractors and specialty contractors apply for licenses from the same division. General contractor licenses come in several variations, including general and residential plumbing, and general and residential electrical. 

Subcontractors must choose from the list of specialty trades before applying for their license. 

Penalties

According to Utah Code 58-55-501 et seq., first offenses for contracting without a license are punishable with a fine up to $1,000. Second offenses increase the fine to $2,000. Subsequent offenses are eligible for fines up to $2,000 per day.  

There are no specific licensing requirements under mechanics lien law in Utah, so unlicensed contractors still generally have recourse for payment disputes. 


Vermont

There are no state-level licenses for general contractors in Vermont. Some specialty trades like plumbing and electrical contractors do require state licenses, which both fall under the Division of Fire Safety.  

Since Vermont doesn’t require a state-issued license for general contractors or other subs, you need to check with your municipality to determine whether or not you need a license. However, even the larger municipalities aren’t very prudent about requiring licenses for general or subcontractors.

Read the Vermont contractor licensing guide

Penalties

Penalties for working unlicensed in Vermont aren’t entirely clear, and they’re up to the municipalities. However, under the Division of Fire Safety’s rules, performing electrical or plumbing work without a license is punishable by a fine of no more than $500. There are no specific requirements around licensing when it comes to filing a claim under mechanics lien laws in Vermont.


Virginia

Licensing in Virginia is regulated by the Department of Professional and Occupational Regulation Board for Contractors.

General contractors in Virginia are required to carry a state-level license. The same goes for tradesmen working in electrical, plumbing, HVAC, gas fitting, water well construction, and more. 

Read the Virginia guide to contractor licenses

When applying for a license, contractors will have to choose what level of license they want, as well as their specialty.

  • Class A licenses allow contractors to work on projects up to $10,000 in value, up to $150,000 per year
  • Class B licenses allow work on projects up to $120,000 with a max of $750,000 per year
  • Class C licenses are unlimited

Penalties

Under Virginia Code 54.1-1115, the penalty for contracting without the proper license in Virginia is a fine in the amount not to exceed $500 per day of violation. It is also a Class 1 misdemeanor, and you could also do up to a year in jail. 

Virginia mechanics lien rules are even more stringent. Contractors must hold a license to have mechanics lien rights. On top of that, the contractors up the chain must also hold licenses. The filing contractor must also include the license number — plus the date of issuing and when it will expire — on the lien. 


Washington

Washington focuses its efforts on registering contractors over licensing. The Washington State Department of Labor and Industries (DLI) is the registering body with which all contractors must file. 

Read the guide to contractor licenses in Washington State

General contractors and specialty contractors must register with the DLI. Asbestos contractors, electrical contractors, and plumbing contractors need state-level licenses from DLI.   

Penalties

Under RCW 18.27.020, performing contracting work without registering with DLI is a gross misdemeanor in Washington. There’s also no mercy for unregistered contractors when it comes to Washington’s mechanics lien rules: Unlicensed contractors lose their lien rights


West Virginia

West Virginia contractor licensing is the responsibility of the Division of Labor, Contractor Licensing Board. The board consists of eight licensed contractors and two code officials.

Read the full guide to West Virginia contractor licensing

The state requires general contractors and specialty or subcontractors on projects worth more than $2,500 to carry a contractors license. Plumbers and HVAC technicians can get their licenses from the Division of Licensing. Electrical contractors must go through the State Fire Marshal

Penalties

Under WVa. Code 21-11, the Licensing Board can issue fines between $200 and $1,000 for any person contracting without a license. A second offense can garner a $500 minimum fine with a ceiling amount of $5,000, as well as possible jail time up to six months. A third offense will result in a fine between $1,000 and $5,000, and a jail stint between 30 days and one year. 

However, unlicensed contractors do generally have mechanics lien rights in West Virginia. 


Wisconsin

Contractor licensing in Wisconsin is handled by the State of Wisconsin Department of Safety and Professional Services.

The Department of Safety and Professional Services requires anyone working on 1–2 family homes, on projects worth more than $1,000, or pulling a building permit to get a Dwelling Contractor Qualifier license. This includes general contractors and specialty contractors. However, if the project’s value is under $1,000, or you don’t have to pull permits, you don’t need to carry a license. 

Electrical, plumbing, HVAC, and asbestos abatement contractors need separate licenses as well

Read the full guide to Wisconsin contractor licensing

Penalties

While penalties for working without a license in Wisconsin aren’t entirely clear, you can expect fines and possible jail time for working without a license. However, unlicensed contractors do still have the right to file a mechanics lien in Wisconsin


Wyoming

State-level licensing only extends to electrical contractors in Wyoming, and it’s done through the Department of Fire Prevention and Electrical Safety.  

All other licensing falls under the control of the individual municipalities throughout the state. Contractors in Cheyenne will want to check with the city’s Compliance Division for the general and specialty contractor license requirements. Contractors in Casper need to check in with the Building and Inspections Department for licensing.

Read the complete guide to Wyoming Contractor Licensing

Penalties

As very little licensing is the responsibility of the state, penalties and fines fall under the powers of the municipalities. As far as lien rights go, unlicensed contractors in Wyoming do have rights to mechanics liens


The Bottom Line: Licensing can protect contractor payment rights

If your state has licensing requirements for your trade, get the proper license before you start work — or even bid on a job. As we’ve outlined, the penalties for performing unlicensed construction work can be steep.

Not only could you wind up paying large fines, but you can lose a contractor’s most powerful payment tool: the mechanics lien. If your customer disputes your work, or simply refuses to pay, you could wind up with little-to-no recourse to collect anything.