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2018 Georgia Code 43-41-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-41-1 Case Law from Google Scholar Amendments to OCGA 43-41-1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 41. Residential and General Contractors, 43-41-1 through 43-41-19.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-41-1. 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.

(Code 1981, §43-41-1, enacted by Ga. L. 2004, p. 786, § 1.)

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).

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).

Cases Citing O.C.G.A. § 43-41-1

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Georgia State Licensing Bd. for Residential & Gen. Contractors v. Allen, 692 S.E.2d 343 (Ga. 2010).

Cited 8 times | Published | Supreme Court of Georgia | Mar 25, 2010 | 286 Ga. 811, 2010 Fulton County D. Rep. 1005

...(collectively "plaintiffs"), against the Board and the Columbus-Muscogee *345 County Consolidated Government ("County") seeking declaratory judgment, injunctive relief, and damages in regard to a statewide licensing system for residential and general contractors ("licensing law"). See OCGA § 43-41-1 et seq....
...For the reasons that follow, we affirm the judgment denying dismissal and a change in venue and reverse the judgment granting a preliminary injunction. The Board is responsible for licensing and regulating residential and general contractors in Georgia. See OCGA § 43-41-1 et seq. On and after July 1, 2008, a valid residential or general contractor license issued by the Board is required to lawfully engage in the business of residential and general contracting within the state. OCGA §§ 43-41-9(a), [1] 43-41-17(a). [2] For an eighteen-month period beginning January 1, 2006, it was possible for a contractor to apply for licensure by exemption from examination by filing an application with the Board with the required proof of the basis of the exemption. OCGA § 43-41-17(a). After July 1, 2007, any applicant seeking licensure from the Board had to pass an examination and meet other qualifications. OCGA §§ 43-41-6(a); [3] 43-41-17(a). *346 OCGA § 43-41-17(c) [4] provides for an exception to the requirement to have state licensure, if the local municipality's or county's criteria for local licensure is "at least as strict and stringent, in the sole judgment of the board, as those for the issuance of a corresponding state-wide license." OCGA § 43-41-17(c)(2)(A)....
...ll qualified for the examination exemption under the licensing law; that they did not timely apply for the examination exemption because they did not know about the licensing law because of the lack of timely notice by the County as required by OCGA § 43-41-14(b); [5] and that the licensing law violated their rights to due process and equal protection under the State and Federal Constitutions....
...ward of attorney fees and expenses of litigation. At the hearing in the matter, the attorney for the plaintiffs informed the superior court that the only constitutional challenge the plaintiffs were pursuing was a due process argument regarding OCGA § 43-41-14(b), and that it was the only portion of the licensing law that the plaintiffs sought to have declared unconstitutional....
...The superior court found, inter alia, that the County was one of the few counties in Georgia with its own residential and general contractor's examination and certification process; that the Board was unable to determine whether the County's licensing program was sufficient to meet the standards of OCGA § 43-41-17(c), until shortly before the licensing law came into effect; that the Board's decision came after the examination exemption deadline had passed; that even though the General Assembly recognized that "a lot of people had not received notic...
...es of qualification were not given notice to apply for examination exemption before July 2, 2007; when by the injunction it changed rather than maintained the status quo; when it ordered the County building officials to violate the enacted law, OCGA § 43-41-14(a); when by the injunction it assisted, encouraged, and allowed the unlicensed practice of residential and general contracting in Muscogee County and implicitly enjoined the Board from enforcing the licensing law in that County; and when it issued an interlocutory injunction based upon an unverified complaint. It is plain that the gravamen of the plaintiffs' claims as well as the linchpin of the superior court's issuance of the preliminary injunction is the issue of notice as provided in OCGA § 43-41-14(b)....
...However, the superior court was plainly in error in finding that harm flowed to the plaintiffs, i.e., the lack of notice of the licensing law resulting in the plaintiffs' consequent failure to comply with the licensing law and thereby obtain an exemption, from any failure on the part of the County to comply with OCGA § 43-41-14(b), or to provide other specific notice of the licensing law going into effect....
...nact an unconstitutional law." (Citations and punctuation omitted.) Hamilton v. Renewed Hope, Inc., 277 Ga. 465, 467, 589 S.E.2d 81 (2003). The attack on the notice provision must fail for yet another more basic reason. By the plain language of OCGA § 43-41-14(b), what is required to be posted are the "licensing requirements" and "the effective dates of such licensing requirements," not a way to avoid such requirements by exemption....
...ation or that the late effectiveness of the provision or the County's failure to timely post it caused detriment to the plaintiffs, this did not justify the injunctive relief granted on the basis of unconstitutional or insufficient notice under OCGA § 43-41-14(b)....
...OCGA § 1-3-6 provides that: "After they take effect, the laws of this state are obligatory upon all the inhabitants thereof. Ignorance of the law excuses no one." Thus, under this general statute the plaintiffs were charged with notice of the licensing law, OCGA § 43-41-1 et seq., including the time-limited provision allowing examination exemption. See City Council of St. Mary's v. Crump, 251 Ga. 594, 595(2), 308 S.E.2d 180 (1983). *349 To the extent that the superior court entered the preliminary injunction on a basis other than the notice provision of OCGA § 43-41-14(b), the relief granted was unwarranted for yet another reason....
...ssembly expressly, "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." OCGA § 43-41-1....
...*350 The major issue for determination in appellees' complaint for declaratory and injunctive relief and their claim for monetary damages is their entitlement to notice that they could apply to be exempt from the testing requirement of the new state-wide licensing program. See OCGA §§ 43-41-8(a), 43-41-17(c)....
...be made (formerly January 1-December 31, 2006, now January 1, 2006-June 30, 2007), and required certain local governments, [8] including the consolidated government, to post the licensing requirements and their effective dates. OCGA §§ 43-41-8(a), 43-41-14(b), and 43-41-17(c) (2008)....
...cal licensing requirements if, in the sole judgment of the state licensing board, the requirements for issuance of the local license were "at least as strict and stringent ... as those for the issuance of a corresponding state-wide license...." OCGA § 43-41-17(c)(2)(A)....
...o receive a license from the consolidated government was "substantially similar to the state examination" (OCGA § 43-41-8(a)(1)) or "at least as strict and stringent ... as those for the issuance of a corresponding *351 state-wide license...." OCGA § 43-41-17(c)(2)(A)....
...siness organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division after the effective date of the licensing requirements as specified in subsection (a) of Code Section 43-41-17....
...r this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. [2] OCGA § 43-41-17(a) provides: The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until July 1, 2008....
...a license issued by the appropriate division, either as an individual doing business in his or her own name or doing business as an individual in a trade name as a sole proprietor or as a qualifying agent for another business organization. [4] OCGA § 43-41-17(c) provides: Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the license, throughout the state and no municipality or county may require...
...ertification but holding a valid and current state-wide license issued under this chapter or Chapter 14 of this title from the transaction of contracting business in such local jurisdiction within the scope of his or her state-wide license. [5] OCGA § 43-41-14(b) provides: The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits f...