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Ryan
Whether it is called a license or a certificate of registration is irrelevant. They are construed by courts to be synonymous.
My understanding from your posts is that you do mainly remodels which is the topic of the legislation. It states that it does not pertain to new construction or commercial remodeling. Paragraph 2 exempts property owners from the registration process if the property owner acts as contractor. This means that a property owner can contract with a carpenter, painter, mason, etc. without a certificate.
Notice the language in 5a(3). The phraseology reads: “If the contract is for labor and materials”. This means that the contract between the contractor and owner may be for something other than labor and materials.
Another problem with the legislation is the absence of a provision for continuous on-site supervision by the individual who qualifies for the certificate (license). When New Jersey started requiring licenses of electrical contractors, the highest court in that state agreed with the lower court that a provision for supervision was essential or the statute was unconstitutional. They also made a distinction between the electrical construction business and the electrical contracting business as all U.S. courts do.
That court was also critical of the legislature for not just requiring licenses of all journeymen electricians engaged in electrical construction and all master electricians (electrical contractors) engaged in electrical contracting.
I will have to go to the law library to find the citations if you would like.
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Aparently the NJ legislature is expected to pass a bill before the end of the year requiring registration of contractors, setting up a "ripped off customer reimbursement" fund that we will have to pay into, and requiring a whole bunch of boiler plate on our coutracts.
It's not licensing yet.
By the way, the bill does not address how much we will all have to pay into this fund, or for registration. Fees to be set at the whim of the Department of Community Affairs.
If you're interested, here's the bill
http://www.njleg.state.nj.us/2000/Bills/a1500/1105_i1.htm
*Ryan,
View Image © 1999-2000"The first step towards vice is to shroud innocent actions in mystery, and whoever likes to conceal something sooner or later has reason to conceal it." Aristotle
*ryan.. sign up as soon as you can..you'll get a low number and it'll save you millions of key strokes in the comming years..also a 3 digit or 4 digit number fits on your signs and letterhead better..be the first on your block....
*I agree with Mike... I may not agree with licensing but it does work to our advantage if ya play it the way Mike says to...but hey what does Mikey like...he likes everything!near the barbecue spinning till well done,aj
*ok, ryan.. i read it all the way thru.. couple points..painters are about the only class of contractors, i saw that were not included.. and i'mnot sure about drywall/ plaster either..you r homebuilders association should be lobbying like mad to alter this bill... i would assume that it will not pass in it's current form...now would be a good time for all contractors to join their local chapter of NAHB... or NARI..they have clout and can use your membership numbers..there are some provisions for the CONTRACT that should not be included in the bill, as they will create too much mischief:..start and completion dateswarranty .. those are ok as a voluntary inclusion in a contract... but will create pandemonium if they are required of everyone listed as being subject to the law....good luck.. if it don't pass this session.. it'll be back the next.. and the next after that until some version of it passes...if i remember... RI's took about three years and didn't pass until RIBA signed off....
*Ryan:Didn't read the "bill" (not into self-inflicted pain) but the way you describe it, that's pretty much how it works in my state of NC - although I'm talking about a GC license. The license fee is only $50 for a limited license (projects $15k up to $250k), $75 for intermediate (=< $500k) or $100 for unlimited. If someone can't come up with the $50 or 100 bucks he probably shouldn't be dealing with the public anyway. A portion of these licensing fees goes into the recovery fund - which is used to reimburse ripped off folks (mainly by guys from up north) - just kidding ;^)
*Ryan,I personaly believe that contractor liscensing is so much horseshit.Do not be discouraged its like pulling a permit for a job. You know a pain in the but red tape tight rope. The most obvious benefit is that you can raise your rates immediately after that law goes into affect. Seriously, alleged consumer protection, equals less competition, equals higher rates.Good luck buddy and get that oh so low registration number you'll be glad you did. Seriously get a low number.joe d (liscensed general contractor all structures state of OR)
*RyanWhether it is called a license or a certificate of registration is irrelevant. They are construed by courts to be synonymous.My understanding from your posts is that you do mainly remodels which is the topic of the legislation. It states that it does not pertain to new construction or commercial remodeling. Paragraph 2 exempts property owners from the registration process if the property owner acts as contractor. This means that a property owner can contract with a carpenter, painter, mason, etc. without a certificate. Notice the language in 5a(3). The phraseology reads: "If the contract is for labor and materials". This means that the contract between the contractor and owner may be for something other than labor and materials. Another problem with the legislation is the absence of a provision for continuous on-site supervision by the individual who qualifies for the certificate (license). When New Jersey started requiring licenses of electrical contractors, the highest court in that state agreed with the lower court that a provision for supervision was essential or the statute was unconstitutional. They also made a distinction between the electrical construction business and the electrical contracting business as all U.S. courts do. That court was also critical of the legislature for not just requiring licenses of all journeymen electricians engaged in electrical construction and all master electricians (electrical contractors) engaged in electrical contracting. I will have to go to the law library to find the citations if you would like.
*MT has a fairly recent law offering a contractor's license ($80, last i knew). No exams or anything--even i could get one, a frightening thought! The caveat is that a homeowner is compelled to hire only state-licensed contractors or else forego any chance of recovery in the courts if the project goes south. One of the worst hacks i know bought his license and proclaims it in his advertising, giving the homeowner who hires him a false sense of security in his abilities. Since the guy doesn't have a pot to pee in or a window to throw it out of, owners who've tried to sue are stuck twice.
*Yes, do try to get a low license number. And try to get it written into the law that revoked license numbers are not re-issued. It's that way here in California, and having a number under 500,000 means you've been in business for a while and not had your license revoked. Higher numbers mean either little experience, or a new license issued after a revocation.-- J.S.