O.C.G.A. § 43-41-1 (2019)
Legislative findings
It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.
History
Code 1981, § 43-41-1, enacted by Ga. L. 2004, p. 786, § 1.
Annotations
JUDICIAL DECISIONS Preliminary injunction improper. - Superior court erred in granting contractors a preliminary injunction restraining the Georgia State Licensing Board for Residential and General Contractors and a county from enforcing a licensing law, O.C.G.A. § 43-41-1 et seq., because: (1) harm did not flow to the contractors from any failure on the part of the county to comply with notice of the licensing law pursuant to O.C.G.A. § 43-41-14(b) or to provide other specific notice of the licensing law going into effect since the lack of notice did not result in the contractors’ consequent failure to comply with the law and thereby obtain an exemption under O.C.G.A. § 43-41-17(a); (2) the grant of the preliminary injunction operated oppressively on the rights of the county and the Board and also on the rights of the citizens of the state since the injunction effectively enjoined, without an apparent valid basis, the operation of a licensing law; and (3) the refusal to grant the requested injunction would not work irreparable injury to the contractors or leave the contractors without remedy in the
event the contractors ultimately prevailed in the contractors’ challenge to the licensing law. Since § 43-41-14(b) became effective on May 29, 2007, approximately a month before the July 1, 2007 deadline for filing an application for examination exemption, and under that general statute the contractors were charged with notice of the licensing law including the time-limited provision allowing an examination exemption. Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010). Construction contract not enforceable. - Because a construction contractor and the contractor’s officers did not have Georgia contractor’s licenses when the construction contract was executed and when the work was performed pursuant to the contract, under O.C.G.A. § 43-41-17(b), the construction contract was not enforceable. The court declined to find that § 43-41-17(h) allowed the owner to use them as unlicensed contractors. Baja Props., LLC v. Mattera, 345 Ga. App. 101, 812 S.E.2d 358 (2018). Contractor’s suit against a homeowner
seeking over $33,000 for remodeling services was subject to summary judgment; the contract was void and unenforceable under O.C.G.A. § 43-41-17(b) because the contract provided for electrical and plumbing work and the contractor did not have licenses for electrical and plumbing work as required by O.C.G.A. § 43-14-8. It was inconsequential whether the contractor met the definition of a ‘‘specialty contractor’’ in O.C.G.A. § 43-41-2(12). Restor-It, Inc. v. Beck, 352 Ga. App. 613, 835 S.E.2d 398 (2019). Owner was entitled to summary judgment on a contractor’s counterclaims because O.C.G.A. § 43-41-17(b) barred the contractor’s claims because it was not licensed. The court rejected the contractor’s claim that the contract was voidable, not void; the statute was enacted not merely as a revenue measure but was intended as a regulation of such business in the interest of the public, therefore, contracts made in violation of the statute were void and unenforceable. Saks Mgmt. & Assocs. v. Sung, 356 Ga. App. 568, 849 S.E.2d 19 (2020).
Venue proper. - Venue of contractors’ action seeking to restrain the Georgia State Licensing Board for Residential and General Contractors and a county from enforcing a licensing law, O.C.G.A. § 43-41-1 et seq., was proper in Muscogee County because there was substantial equitable relief sought that was common to the Board and to the resident county; the complaint alleged that enforcement of the licensing law by both the Board and the county would cause irreparable injury to the contractors, and the complaint asked that preliminary and permanent injunctions be issued against both the county and the Board enjoining and restraining them from exercising any of the powers, rights, or duties respecting enforcement of the licensing law. Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010). Cited in Stephens v. Trust for Pub. Land, 475 F. Supp. 2d 1299 (N.D. Ga. 2007).