Thursday, July 28, 2022

Hiring an Unlicensed Garage Door Repair Contractor

A general contractor is responsible for the overall coordination of a project. Often, they may also act as a foreman or building designer, but they are always hired by a client to complete the work in their specialty. In any industry, hiring a professional contractor for repair, installation and construction jobs is recommended, and the same rings true for garage door repair contractors.

Why You Should Hire a Licensed Garage Door Repair Contractor

Using a licensed garage door repairman could help you steer clear of any problems, such as the financial risk that is associated with unlicensed individuals. Beyond that, unlicensed individuals working on your property could end up costing you if they are injured while at work. You may also end up footing a bill if they damage your property or leave the work unfinished. In the state of California, any garage door repair professional who is contracted to work on a project with a value of $500 or higher has to hold a valid, current license from the Contractors State License Board.

A licensed garage door repairman will also ensure that the job is completed systematically. They know how the process is done and can complete your job according to the most efficient method possible. You can also have peace of mind in knowing that all the governmental and city requirements are met, something you can't be certain of when working with an unlicensed individual. In a similar vein, using a licensed contractor offers you insurance against any damage. This is especially important for homeowners who are on a budget and can't afford to pay out of pocket if something goes wrong.

Consequences of Hiring an Unlicensed Garage Door Repair Contractor

If you hire an unlicensed contractor, there are some clear risks that you will be taking in doing so. As mentioned, hiring a garage door supplier who is not licensed can leave you at fault if they are injured on the job. A homeowner is responsible for ensuring everything complies with California OSHA safety regulations, which can be a headache if you aren't familiar with the guidelines. The contractor can file a lawsuit against you in the event of injury.

Beyond these points, hiring an unlicensed garage door installer also means you're working with someone who can't get a permit and won't have their work inspected. They may also not be knowledgeable about the local laws regarding building codes and safety regulations, which can get you into some hot water. If they damage your property or leave work unfinished, they are not liable for it.

In the future, using an unlicensed contractor may also diminish the value of your home if you choose to sell it, and it could compromise the insurance policy on your home. Above all, hiring an unlicensed contractor is against the law in California if the project is valued at $500 or more. This could get both you and the contractor into legal trouble if they go through with the work.

Consequences of Contracting Without a License as A Service Provider

Anyone who operates as a garage door contractor without a state-issued license not only hurts the homeowner but also themselves and the industry as well. The CSLB Statewide Investigative Fraud Team often goes undercover to find contracting laws and regulations that are being broken. If you are caught as a contractor without a license, you may have to answer to misdemeanor charges that have a potential sentence of as much as six months in jail. Paying fines upward of $5,000 is also common.

Recently, six contractors were charged in Sarasota, Florida, for operating without a license, with some of them facing felony charges. They were discovered by an undercover sting operation conducted by the Statewide Investigative Fraud team, much like the four people in Butte County, California, who were also arrested for contracting without a license as recently as January of 2022.

If the contractor uses someone else's credentials to work, that could bring on felony charges. Keep in mind that consumers are not legally obligated to pay someone who has not been licensed by the state, and the unlicensed contractor cannot sue consumers for not paying them. In the end, it simply does not pay to do this kind of work uncontracted, if not for legal and financial reasons then for safety's sake.

Contracting Without a License in California – Laws and Regulations

Though it is not always illegal for a handyman to work without license in California, most handymen do. This is because jobs that value higher than $500 are legally required to have a licensed professional doing the work. Because most contracting jobs, such as those using garage door companies, cost over $500. This leaves very few opportunities to work without having a D-28 license.

California has specific laws in place regarding contracting without a license. The Business and Professions Code 7028 officially makes it against the law for contracting without a contractor license. Just one conviction is enough to cost up to $5,000 in fines and six months in jail. If the offense is repeated, the consequences are more severe. Furthermore, felony charges can be filed against a person who uses a license belonging to someone else in order to mislead a consumer into thinking they are a licensed professional contractor.

Beyond that, the law states that unlicensed contractors are not owed payment for the work they complete, in their attempt to make it difficult for workers such as unfinanced garage door installers to get paid for their illegal work.

How to Report an Unlicensed Garage Door Repair Contractor That Worked on Your Property?

Unlicensed contracting makes up a massive part of California's underground economy. It is estimated that as much as $60 to $140 billion is generated through such work. Because these individuals don't have to have insurance, bonds or even pay taxes on it, it is common for them to be involved in other kinds of illegal activities as well.

If you are contacted by an unlicensed contractor and want to report them, you can file a formal complaint. To file a complaint against an unlicensed garage door repairman, you can contact SWIFT. SWIFT is the CSLB's Statewide Investigative Fraud Team that looks into these illegal activities, often undercover. You can complete the Swift Lead Referral Form and attach it to an email to send to the organization.

The CSLB will process complaints against unlicensed garage door installers by either putting out an administrative citation or filing a criminal action against them. It can also start injunction proceedings against the contractor who isn't licensed. A citation will simply tell them to stop their activities. If they do not, the criminal action will mean the contractor has to appear in the local court where they may be issued a fine, jail sentence, restitution or all of the above.

How to Check and Verify a Garage Door Contractor License

If you aren't sure about the licensing status of a garage door repair contractor you would like to hire, you can check the validity of their license on the California Contractors State License Board's website at https://www.cslb.ca.gov/. On this site, you can search for a contractor using a variety of identifiers to find them. You can use the Online Services tab to conveniently file a complaint right there if you choose to do so.

Some of the information that you can look up includes a contractor’s:

  •  License number.
  • Business name.
  •  HIS, or Home Improvement Salesperson number.
  • HIS name.

Any of these search parameters will supply the licensing status of the contractor, so you can be sure they are professionally licensed before agreeing to work with them. In the event that you find them to be a fraudulent repairman, you can take steps against them. As mentioned, you can go onto the CSLB's website and report them to the Statewide Investigative Fraud Team. This report can help get the unlicensed worker out of the pool and prevent a lot of legal and financial headaches for consumers like you.

By not hiring a licensed garage door contractor, you run the risk of running into trouble in various avenues. Whether that means losing money or, in some areas, breaking the law, it is something that can be avoided just by hiring licensed help.

In California and Orange County, it is illegal to operate as an unlicensed contractor or use someone else’s credentials to trick a consumer into thinking they’re licensed. If you’re a consumer who encounters a fraudulent contractor, you can report them.

In this article, we explored a few reasons why you should hire an experienced garage door repair contractor. We also touched on some of the consequences of not doing so, how to verify that a contractor is legitimate before settling on one and how to report them if they turn out to not be licensed.

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