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444-6 Repealed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444-18 to 20 Repealed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).

 

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