If you are hiring a contractor of any kind to perform work on your home or property, it is essential to hire one that is both licensed and bonded. When you hire an unlicensed contractor, you are taking significant risks, including that you will be subject to a lawsuit, as well as the potential that any implied warranties afforded by state law will be void.
At Benicia Plumbing, we are a licensed and bonded contractor and guarantee our work. In this blog, we are presenting helpful information that apply to using any type of contractor, whether it’s a builder, an electrician or in our case, a plumber.
While the laws for a contractor’s license differs by state, in most cases, a license is required to do any type of skilled labor on another person’s home or property.
The state may impose specific requirements such as minimum education or work experience to obtain a license. The state may also require that the contractor take an examination with different levels of licensing for the right to do different size jobs. In addition, the state may require that the contractor has an active worker’s compensation insurance policy for a license to be issued. In many states, being bonded is also a prerequisite to obtaining a license.
Being bonded is different from being licensed, although the two are sometimes related. When a contractor is bonded, this means he has purchased a surety bond. This is a type of insurance policy that protects a property owner. The bond provides a certain amount of liability protection and if the contractor fails to complete a job as required or contracted, the bond can provide compensation to a property owner.
Typically, for a bond to pay out to a homeowner, the property owner must first win a claim with the state contractor’s board by proving that the contractor failed to perform the required work. The homeowner may also be required to attempt to collect money from the contractor before making a claim against the bond. Whether the bond will be sufficient to pay the claim depends on the size of the bond that the contractor had, and on whether there are other claims against it
There are important reasons to hire a bonded and licensed contractor. First, since the unlicensed contractor is usually breaking the law by working without a license, there’s a good chance he is also not complying with other laws including permit requirements and inspection requirements. This can result in your project not being up to code, and necessitating repairs or removals if your home is inspected or before your property is sold. Second, it can be much harder to determine if an unlicensed contractor will provide you with quality workmanship since the contractor has not submitted to any examination or review of his knowledge by a licensing board.
Aside from the increased possibility of receiving poor workmanship when you hire an unlicensed contractor, you may also be giving up your right to make warranty claims. While most states impose implied warranties on contractors for bad workmanship, these implied warranty laws often require that the contractor be licensed in order to apply. Furthermore, your state contractor board will not typically help you to make a warranty claim against an unlicensed contractor. So if you are trying to recover at all, you will need to go to civil court. Even if you win in civil court, without a bond, there’s a good chance the unlicensed contractor will not be able to pay your damages.
Another important consideration when hiring an unlicensed contractor is that you could be subject to liability. While the licensed contractor is usually required to have worker’s compensation insurance, someone unlicensed may have no protection from injury at all. If the unlicensed contractor harms himself on your property, you could be subject to a lawsuit and responsible for paying his damages.
To avoid potential hazards from hiring an unlicensed contractor, you should contact your state licensing board to determine if your contractor is licensed and determine whether or not they’re in good standing.
When you do business with Benicia Plumbing, you can count accountability, punctuality, transparency and quality and that is our non-negotiable promise. From the first interaction through the successful completion of any project, you can be certain that Benicia Plumbing, Inc., will endeavor to do everything it can to make your experience the best it possibly can, as a reputable company that is bonded and licensed and backs all of its work.
Sources: Legal Zoom and Wikipedia