Remember when I stated that you cannot lawfully perform construction work in Virginia without a contractor’s license? Remember when I said that you risk non-payment if you do so? If you needed another reason, a relatively recent Virginia Court of Appeals decision upholding a criminal conviction for performing construction work without a license should be that reason.
In Riddel v. Commonwealth, the Court took up an appeal from the conviction of Jeff Riddel where Mr. Riddel was verbally asked by homeowners to inspect and then repair their septic system. Mr. Riddel then contracted with Fairfax Suburban Septic to pump out and repair the system. Mr. Riddel then delivered the homeowners an invoice from Fairfax Suburban Septic and instructed the homeowners to pay Fairfax Suburban Septic directly. After payment, the homeowners became aware that the work was not completed and that neither Mr. Riddel nor his subcontractor was licensed to perform septic work in Virginia.
During the trial, Mr. Riddel argued on a Motion to Strike the Commonwealth’s evidence that (1) he merely arranged for licensed contractors to perform the repairs to the septic system, arguing that Virginia Code §§
54.2-801 to 802 permitted Riddel to arrange the work without a contractor’s license and (2) no written contract to perform a septic inspection or repairs existed. The Circuit Court denied the motion and Mr. Riddel was convicted under Va. Code 54.1-111 for performing the work without a license. Needless to say, he appealed.
The Court of Appeals affirmed the conviction. It first restated the reasons that the Circuit Court properly denied the motion to strike. These included the necessity for a Class C license for Riddel pursuant to Va. Code 54.1-1100 because he provided an estimate and entered into an agreement to provide the septic repair services with the homeowners (written or otherwise). Because Mr. Riddel did not hold such a license at the time of contracting, he did so in violation of Virginia statute. The Court then went on to state that Mr. Riddel’s separate argument under a different set of code sections had been brought up for the first time on appeal and was therefore not properly before the Court. Be sure to read the opinion (linked above) to get a flavor for these arguments.
In short, contracting without a license can and will get you into trouble civilly and criminally so don’t do it. If you have questions about whether what you are doing is “contracting” or if you require a license for your work, be sure to contact an experienced Virginia construction attorney for assistance.
I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.
