Baltimore, MD asked in Construction Law for Maryland

Q: If I dig an pour the footers an lay the block foundation for a detached garage in md. On a lot with a existing older

Home do I need a mhic license ? I already have a md construction license. Thanks

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Construction Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Unless this is your own house, YES, you need a license. All improvements to a residence that you perform for a homeowner for money requires an MHIC license, and you are also solely responsible for obtaining all building permits for the job. A general construction license is not sufficient, and only qualifies you for commercial jobs or as a subcontractor working under another general contractor's MHIC license. Performing a home improvement without an MHIC license is a crime, subjecting you to fines and possible jail, and the courts will not enforce the terms of any contract you make (which means, in the event of non-payment, you cannot sue for your money). In addition, the MHIC can impose $5,000 in civil fines per violation of the MHIC law. And in case this occurred to you: you cannot get out of the MHIC license requirement, or the obligation to pull all required permits, by writing a contract that makes the homeowner the "general contractor" on the job. You will either need to obtain an MHIC license, or work with another MHIC licensed contractor who acts as the primary contractor on the job, with you as that contractor's sub.

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