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Contractor Licensing Issues: How Invalid Licensure Affects Your Right to Contract and Compensation

Recognize situations which lead to license law violations and the range of penalties which exist.

Contractor licensing laws are complicated and vary by state. Not only do licensing requirements differ by state, the penalties for license law violations also differ greatly. Those penalties can be onerous. This course is intended to provide a practical primer on contractor licensing concepts and pitfalls. Particular emphasis will be given to common situations where contractors violate license laws and the penalties associated with non-licensure or invalid licensure.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Licensing Laws

  • General Purposes
    • Health and Safety
    • Compliance With Contracting Laws
    • Competence
    • Protect Consumers
  • Governed by State Statutes
    • Review of Sample State Statutes
    • Public Works Require Responsible Bidders

License Types and Requirements

  • Individual License
  • Partnership License
  • Corporate License
    • License Qualifier: Bona Fide Employee, RMO/RME Duties
  • Home Improvement
  • General and Specialty Contractors

Common Licensure Violations

  • Contracting Without a License
    • Substantial Compliance
  • Contracting Outside Scope of License
  • Failure to Replace Disassociated RMO/RME
  • Sham Qualifier/Renting a Qualifier
    • Retroactive Invalidity
  • Failure to Pay Workman's Compensation/Bonding Requirements
  • Failure to Pay Judgment

Consequences of Invalid or No License

  • Bar to Payment (the Shield)
  • Disgorgement of Compensation Paid (the Sword)
  • Suspension/Inability to Work
  • Regulatory Discipline
  • Criminal Liability

Impact on Legal Actions for Compensation

  • Inability to Sue for Payment
  • Reduction of Claim
  • Belated Discovery of Violations
    • Statutes of Limitations

Case Studies

  • Brief Survey of Notable Cases in Various Jurisdictions

Practical Steps to Avoid Licensure Violations

  • Know License Requirements
  • Periodic License Evaluation
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 29, 2020.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert G. Campbell

Robert G. Campbell

Cox, Castle & Nicholson LLP

  • Partner in the California law firm of Cox, Castle & Nicholson LLP
  • Has practiced construction law for 34 years
  • Clients are project owners, EPC and other prime contractors, construction managers, lenders, subcontractors, and other project participants in disputes ranging broadly in size and sophistication on both public and private works
  • Among the claims categories he resolves are scope of work disputes, design professional liability, delay, acceleration, disruption, productivity, lien and bond enforcement, disputed change orders, defective work, terminations, differing site conditions, licensing, and bid protests
  • Has been recognized as a leading construction lawyer: Who's Who Legal: Construction, 2017-2020; Southern California Super Lawyers, 2012-2020; recommended attorney, real estate - construction, Legal 500 USA, 2017-2019
  • J.D. degree, USC; B.A. degree, UCLA
  • Can be contacted at 310-284-2259 or [email protected]
Trevor B. Potter

Trevor B. Potter

Cox, Castle & Nicholson LLP

  • Senior associate with the California law firm Cox, Castle & Nicholson LLP
  • Experienced construction lawyer and civil litigator
  • Construction litigation practice focuses on representing owners, developers and general contractors in disputes involving delay and cost claims, disputed change orders, mechanic’s liens and stop notices, defective work, licensing and design deficiencies
  • Has litigated construction disputes involving luxury hotels, condominiums, roadway infrastructure, mixed-use residential/retail, large industrial buildings, office projects and custom, single-family homes
  • A member of the Legal Advisory Committee of the California Association of General Contractors, the Construction Law section of the Orange County Bar Association, the Orange County chapter of the Association of Business Trial Lawyers
  • Was nominated as a Top Young Attorney by the San Diego Daily Transcript in 2014
  • Has written a variety of published articles concerning legal issues impacting the construction industry
  • J.D. degree, Georgetown University; B.A. degree, magna cum laude, UCLA
  • Can be contacted at 949-260-4624 or [email protected]
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • MP3 Downloads
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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407013
Published 2020
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