Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Licensing Reciprocity Comes to Virginia

General Assembly 2023Remember my admonishment to get your Virginia contractor’s license? Well, that will get easier for experienced construction professionals that hold a license from a state or territory outside of Virginia beginning on July 1, 2023.  In this past session of the General Assembly, the Youngkin administration pushed and the legislature passed a universal licensure statute that (with some exceptions for professional services as defined in Va. Code 2.2-4301) will allow those (including contractors) who are licensed in other states to use that license to obtain a Virginia license.

The new legislation will require DPOR to recognize another state’s license where the contractor meets the following requirements:

  1. The individual holds a current and valid professional or occupational license or government certification in another state in a profession or occupation with a similar scope of practice, as determined by the board in the Commonwealth
  2. The individual has held the professional or occupational license or government certification in the other state for at least three years
  3. The board in the other state or state of original licensure required the individual to pass an examination and to meet certain standards related to education, training, or experience
  4. There are no pending investigations or unresolved complaints against the individual, and the board in the other state holds the individual in good standing
  5. The individual does not have a disqualifying criminal record as determined by the board in the Commonwealth in accordance with § 54.1-204;
  6. No board in another state has imposed discipline on the licensee, except for discipline involving only a financial penalty and no harm to the health or economic well-being of the public; and
  7. The individual pays all applicable fees

While this statute does not remove the requirement of a license, it does streamline the process for those that have been contractors in other states.  Now, instead of having to go through the entire licensing process, those construction contractors that meet the above requirements will be able to use reciprocity to obtain a Virginia contractor license.

Of course, I always recommend that you read the legislation on your own and that you consult an experienced Virginia construction attorney to be sure you meet the statutory requirements.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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