O.C.G.A. § 43-15-7 (2019)

Annotations

JUDICIAL DECISIONS Lawful for qualified architect to engage in engineering practices. - Although it is unlawful for anyone other than a professional engineer to practice professional engineering in Georgia, a qualified architect can engage in engineering practices when such practices are incident to the practice of architecture. Tomberlin Assocs., Architects, Inc. v. Free, 174 Ga. App. 167, 329 S.E.2d 296, 1985 Ga. App. LEXIS 1774 (1985). Contracts by unauthorized persons are void. - Mandate of statute requiring license and registration prior to practice of trade or profession is equivalent to a prohibition to engage therein without first complying with the statute’s provisions,

whether expressly so stated or not, and whether or not a penalty for such violation is prescribed. A failure to comply with requirements of such statute renders contracts made by those unauthorized to practice such profession void and unenforceable. Flatauer Fixture & Sales Corp. v. Garcia & Assocs., 99 Ga. App. 685, 109 S.E.2d 818, 1959 Ga. App. LEXIS 933 (1959). If plaintiff, suing for services rendered, is unlicensed, proof of nonlicensure is a defense to action. Flatauer Fixture & Sales Corp. v. Garcia & Assocs., 99 Ga. App. 685, 109 S.E.2d 818, 1959 Ga. App. LEXIS 933 (1959).

OPINIONS OF THE ATTORNEY GENERAL Construed with O.C.G.A. §§ 36-7-2 and 36-7-9. - County surveyor who is not registered by the State Board of Registration for Professional Engineers and Land Surveyors may not, under any authority, engage in the private practice of land surveying outside of the county in which the surveyor was elected; nor may the surveyor engage in the private practice of land surveying in the county of election unless the surveyor was duly elected and holding office on June 30, 1986, and has continued, uninterrupted, to hold such office. 1990 Op. Att’y Gen. No. 90-13. Limitations are imposed on right to secure free licenses to engage in business. 1954-56 Ga. Op. Att’y Gen. 909. Government surveyors and engi-

neers need not register. - Law does not apply to officers and employees of government of United States while engaged within this state in practice of professional engineering or surveying for government. 1962 Ga. Op. Att’y Gen. 386. Affirmation by owner on existing property surveys permitted. - Person who, as part of a refinancing transaction, signs a land survey affidavit in which the person makes certain affirmations about an existing survey of property owned by that person in order to induce a title insurance company to issue a title insurance policy to the lender is not practicing as a land surveyor in violation of O.C.G.A. § 43-15-7(b). 1994 Op. Att’y Gen. No. 9410.

RESEARCH REFERENCES ALR. Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7. Single or isolated transactions as falling within provisions of commercial or occu-

pational licensing requirements, 93 A.L.R.2d 90. Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.