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1998 SESSION

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CHAPTER 691 An Act to amend and reenact § 54.1-1115 of the Code of Virginia, relating to the Board for Contractors; unlicensed activity; penalty. [H 809] Approved April 16, 1998

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-1115 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-1115. Prohibited acts.

A. The following acts are prohibited and shall constitute the commission of a Class 1 misdemeanor:

1. Contracting for, or bidding upon the construction, removal, repair or improvements to or upon real property owned, controlled or leased by another person without a license or certificate.

2. Attempting to practice contracting in the Commonwealth, except as provided for in this chapter.

3. Presenting or attempting to use the license or certificate of another.

4. Giving false or forged evidence of any kind to the Board or any member thereof in an application for the issuance or renewal of a license or certificate.

5. Impersonating another or using an expired or revoked license or certificate.

6. Receiving or considering as the awarding authority a bid from anyone not properly licensed or certified under this chapter.

B. Any person who undertakes work without a any valid Virginia contractor's license or certificate when a license or certificate is required by this chapter may shall be fined an amount not to exceed $200 $500 per day for each day that such person is in violation, in addition to the authorized penalties for the commission of a Class 1 misdemeanor.

C. No person shall be entitled to assert the lack of licensure or certification as required by this chapter as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge of the licensure or certification requirements of this chapter.

Failure to renew a license or certificate issued in accordance with this chapter shall create a rebuttable presumption of actual knowledge of such licensing or certification requirements.