Charlotte, NC asked in Construction Law and Contracts for North Carolina

Q: I hired a licensed general contractor to build my house. He let his license expire. Do i owe him money ?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Construction Law Lawyer
  • Sacramento, CA

A: Whether or not you owe the general contractor money would depend on the terms of your contract with them. If your contract specifically required the contractor to maintain a valid license during the course of the project, and they failed to do so, you may be able to argue that they breached the contract and may not be entitled to payment. However, if the contract did not include any such requirement, you may still be obligated to pay them for the work they performed. It would be best to consult with an attorney who can review your contract and advise you on the best course of action.

N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: The general rule in North Carolina is that a person who provides contracting services without the required license is not entitled to be paid for those services. Essentially, the contract for those services is illegal and, therefore, unenforceable.

However, there is an exception to this rule based on "substantial compliance" with the licensing requirements. The "substantial compliance" exception could apply if a person performing contracting services is properly licensed, the license lapses, and the person (quickly) renews the license.

Your answer will depend on the specific facts of your case. So, you may want to speak with an attorney who is familiar with the nuances of North Carolina construction law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.