CHAPTER 444

CONTRACTORS

 

Section

    444-1 Definitions

    444-2 Exemptions

  444-2.5 Owner-builder exemption

    444-3 Contractors license board

    444-4 Powers and duties of board

    444-5 Other assistants

    444-6 Repealed

    444-7 Classification

  444-7.5 Asbestos contractors

    444-8 Powers to classify and limit operations

    444-9 Licenses required

  444-9.1 Issuance of building permits; owner-builder

          registration

  444-9.2 Advertising

  444-9.3 Aiding or abetting

  444-9.5 Performance of electrical and plumbing work;

          licensing of electrical and plumbing workers

   444-10 Investigation permitted

 444-10.5 Citation for unlicensed activity

 444-10.6 State of emergency or disaster; emergency licensure;

          penalties

 444-10.7 Enhanced penalties when elderly persons are targeted

   444-11 No license issued when

 444-11.1 Requirements to maintain license

   444-12 Application; fees

   444-13 Form for licenses

   444-14 Place of business and posting of license

   444-15 Fees; biennial renewals; inactive license

   444-16 Action on applications

 444-16.5 Bond

   444-17 Revocation, suspension, and renewal of licenses

   444-18 to 20 Repealed

   444-21 Death or dissociation

   444-22 Civil action

   444-23 Violation; penalties

 444-23.5 Forfeiture of property for unlicensed

          activity

   444-24 Injunction

   444-25 Payment for goods and services

 444-25.5 Disclosure; contracts

 444-25.7 Roofing contractors guarantee bond

   444-26 Contractors recovery fund; use of fund; person

          injured; fees

   444-27 Additional payments to fund

   444-28 Statute of limitations; recovery from fund

   444-29 Management of fund

   444-30 False statement

   444-31 The contractors license board has standing

          in court

   444-32 Subrogation to rights of creditor

   444-33 Waiver of rights

   444-34 Maximum liability

   444-35 Disciplinary action against licensee

   444-36 Prosecution of criminal violations

 

Cross References

 

  Sunset evaluations modified, see §§26H-4 and 26H-5.

  Contractor repair act, see chapter 672E.

 

Case Notes

 

  Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit.  216 F. Supp. 2d 1133 (2001).

  Applying the ordinary meaning of "incidental and supplemental" to subsection (c), the legislature meant to provide specialty contractors with a limited ability to perform work outside of their licensed specialty area.  However, the "incidental and supplemental" work must not make up the majority of the project, and must instead be "subordinate" and in addition to licensed work "of greater importance"; thus, contractors license board's refusal to consider cost and extent of work done by petitioner when determining whether that work qualified as "incidental and supplemental" was plainly erroneous in light of the clear meaning of "incidental and supplemental" in subsection (c).  129 H. 281, 298 P.3d 1045 (2013).

  Where plaintiffs had no standing, as a labor union and subcontractor, to invoke the provisions of the procurement code because they were neither contractors nor bidders for the contract in question, and neither the procurement code nor this chapter authorized the circuit court to grant the remedies plaintiffs sought, and the court was presented with no other basis for granting the requested relief, the court correctly dismissed the suit.  121 H. 182 (App.), 216 P.3d 108 (2009).