(a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chapter, or who knowingly presents to, or files false information with the board for the purpose of obtaining the license or who violates any law or code adopted by a county commission under this chapter shall be deemed guilty of a Class A misdemeanor.
(b) Upon notice from the board, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, as required by this chapter, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the residential home builder, or to the person doing the work, and shall state the conditions under which work may be resumed.
(c) The board may invoke a complaint procedure against any person who violates this chapter by undertaking or attempting to undertake the business of home building without holding a current and valid residential home builders license issued by the board. Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may resolve the violation by agreement with the residential home builder, may initiate a complaint against the residential home builder, and may levy and collect administrative fines for violations of this chapter or the rules of the board in an amount not to exceed five thousand dollars ($5,000) for each violation.
(d) A residential home builder, who does not have the license required, shall not bring or maintain any action to enforce the provisions of any contract for residential home building which he or she entered into in violation of this chapter.
(e) Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may in its own name petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.
(Acts 1992, No. 92-608, p. 1282, §14; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1; Act 2021-272, §2.)
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 2007–2025 · leading case:
Fausnight v. Perkins, 994 So. 2d 912 (Ala. 2008).
Fausnight v. Perkins, 994 So. 2d 912 (Ala. 2008).
· cites it 10× “Ala.Code § 34-14A-14 ('A residential homebuilder, who does not have the license required, may not bring or maintain any action to enforce the provisions of any contract for residential home building which he or she entered into in violation of this chapter.”
Johnson v. Jefferson Cnty. Racing Ass'n, 1 So. 3d 960 (Ala. 2008).
· cites it 6× “Boles argued in response that, "under § 34-14A-14, Ala.Code 1975,[ [7] ] Paragon [could] not *965 maintain an action to enforce any provision of the contract, including the arbitration clause, because .”
Hollinger v. Wells, 3 So. 3d 216 (Ala. Civ. App. 2008).
· cites it 8× “See Ala.Code 1975, § 34-14A-14; see generally Ala.”
Paragon Ltd., Inc. v. Boles, 987 So. 2d 561 (Ala. 2007).
· cites it 3× “Boles alleges that Paragon cannot maintain an action to enforce any provision of the construction contract because, in a separate administrative proceeding, Paragon entered into a consent agreement with the Alabama Home Builders Licensure Board in which Paragon admitted that it…”
Macon Cnty. Greyhound Park, Inc. v. Hoffman, 226 So. 3d 152 (Ala. 2016).
· cites it 3× “Boles argued in response that, ‘under § 34-14A-14, Ala. Code 1975, Paragon [could] not maintain an action to enforce any provision of the contract, including the arbitration clause, because .”
Milloy v. H.H. Woods & Woods & Sons Constr., 23 So. 3d 48 (Ala. Civ. App. 2009).
· cites it 5× “At the time Woods sued Milloy in 2004, § 34-14A-14, AUuCode 1975, provided, in pertinent part: “A residential home builder, who does not have the license required, may not bring or maintain any action to enforce the provisions of any contract for residential home building which…”
Barrett v. Roman, 181 So. 3d 364 (Ala. Civ. App. 2015).
· cites it 2× “See also § 34-14A-14, Ala.Code 1975 (“A residential home builder, who does not have the license required, shall not bring or maintain any action to enforce the provisions of any contract for residential home building which , he or she entered into in violation of this.”
Williams v. Hill, 17 So. 3d 229 (Ala. Civ. App. 2009).
· cites it 4× “” 2 Applicable caselaw construing § 34-14A-14 provides that an unlicensed residential home builder has no standing to maintain a civil action seeking payment on a contract for residential home building.”
Hutchenson v. Daniel, 53 So. 3d 909 (Ala. Civ. App. 2009).
· cites it 3× “Because Hutchenson did not have such a license, Daniel argued, Hutchenson was barred under § 34-14A-14 from enforcing the parties’ contract.”
King v. Riedl, 58 So. 3d 190 (Ala. Civ. App. 2010).
· cites it 9× “This is an appeal of a summary judgment entered by the Madison Circuit Court concerning the application of § 34-14A-14, Ala.Code 1975. We affirm. Facts and Procedural History Roseann Riedl and Bryan A.”
Barrett v. Roman, 143 So. 3d 144 (Ala. 2013).
“Beach and Roman thus contended that Whitten — and by extension the Barretts — -were barred from bringing claims based on Whitten’s contracts with the subcontractors, because § 34-14A-14, Ala.Code 1975, expressly states that “[a] residential home builder, who does not have the…”
Ala. Code § 34-14A-14(d): 1 case
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