Bill Text: WV HB4487 | 2022 | Regular Session | Introduced
Bill Title: To protect homeowners from unscrupulous contractors
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2022-02-01 - To House Judiciary [HB4487 Detail]
Download: West_Virginia-2022-HB4487-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4487
By Delegates Mallow, Mandt, Haynes, Reed, Forsht, Conley, Honaker, Miller, Barnhart, and Nestor
[Introduced February 1, 2022;
referred
to the Committee on the Judiciary]
A BILL to amend and reenact §30-42-10 of the Code of West Virginia, 1931, as amended, relating to requiring a written contract between a licensed contractor and owner or lessee of residential property and information to be contained in the written contract.
Be it enacted by the Legislature of West Virginia:
ARTICLE 42. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§30-42-10. Prerequisites to obtaining building permit; mandatory written contracts.
(a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or for any removal of materials or earth, grading or improvement shall, before issuance of the permit, either furnish satisfactory proof to the inspector or authority that the person is duly licensed under the provisions of this article to carry out or superintend the construction, or file a written affidavit that the person is not subject to licensure as a contractor or subcontractor as defined in this article. The inspector or authority may not issue a building permit to any person who does not possess a valid contractor’s license when required by this article.
(b) No person licensed under the provisions of this article may perform contracting work of an aggregate value of $10,000 or more, including materials and labor, without a written contract, setting forth a description and cost of the work to be performed, signed by the licensee and the person for whom the work is to be performed.
(c) Notwithstanding any provision of this article to the contrary, no person licensed under the provisions of this article may perform contracting work for an owner or lessee of residential property, regardless of the aggregate value, without a written contract, setting forth a description and cost of the work to be performed, signed by the licensee and the person for whom the work is to be performed. The contract shall contain the name of the license holder, address and telephone number, or other contact information, together with the license date of issue and expiration, and whether the contractor is bonded. If requested by the owner or lessee of the residential property, the contractor shall furnish names of previous persons for whom the contractor has performed similar work.
(c) (d) The board shall file a procedural rule
setting forth a standard contract form which meets the minimum requirements of
this subsection for use by licensees. The board shall post the contract form on
its website and shall assist licensees in the correct completion of the form.
The board shall mail a written notice of the requirements imposed by the rule
to each licensed contractor at the address provided to the board by the
contractor on his or her last application for licensure or renewal.
NOTE: The purpose of this bill is to require a written contract between a licensed contractor and owner or lessee of residential property and information to be contained in the written contract.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
