Current through the 2024 Regular Session
Section 73-59-9 - Violations in connection with licensing; penalties; builder or remodeler without license may not bring certain actions(1) Any person or entity required to have a license under Section 73-59-3(1) who undertakes or attempts to undertake the business of residential construction or improvement without having a valid license as required by this chapter, or who knowingly presents to the board, or files with the board, false information for the purpose of obtaining such license, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not less than thirty (30) nor more than sixty (60) days in the county jail, or both.(2) Any person or entity required to have a license under Section 73-59-3(1) who does not have the license provided by this chapter at the time construction, building or remodeling services are rendered may not bring any action, either at law or in equity, to enforce any contract for residential building or remodeling or to enforce a sales contract, but instead shall be only permitted to recover as damages actual documented expenses for labor, materials or both, incurred as a result of the construction, building or remodeling services rendered, but only for those expenses which can be shown by clear and convincing evidence.(3) The board shall have the authority to issue a citation and may stop work of a residential builder or remodeler performing work without having a valid license as required by this chapter.Laws, 1993, ch. 534, § 5; reenacted, Laws, 1995, ch. 431, § 5; reenacted without change, Laws, 2000, ch. 345, § 5; reenacted without change, Laws, 2005, ch. 375, § 5; reenacted without change, Laws, 2009, ch. 556, § 5; reenacted without change, Laws, 2011, ch. 433, § 5, eff. 7/1/2011.Amended by Laws, 2022, ch. 502, HB 1163,§ 5, eff. 7/1/2022.Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 15, eff. 7/1/2015.