The laws that govern contracting in South Carolina are complex. Technical violations are common. While general and mechanical contracting work is clearly regulated, there are a number of generally unregulated activities that may be subject to regulation by the South Carolina Contractor’s Licensing Board, when the contract value exceeds $5,000.00, even if the activity is also regulated by another regulatory agency. (absent pre-emption issues).
Offering to engage in work, or submitting a bid, that requires a contractor’s license may result in an investigation and a cease and desist order. If a cease and desist order is issued, you may not return to work until the matter is resolved with the Contractor’s board. Our attorneys understand the impact that this has upon your professional and personal livelihood and we will advocate for your return to work within the confines of the law.
Recently, one of our attorneys provided assistance to a company subject to a Cease and Desist Order. The Cease and Desist Order was tied to a major contract based upon language set forth in the original bid for work that was never even performed.
The State contended that the contract value placed the offer to perform incidental landscape services within the confines of the South Carolina Contractor’s Board Practice Act.
After providing clarification to, and working with, an attorney in the office of disciplinary counsel, the client was able to return to work. Our attorneys advocate for your return to work within the confines of the law.
Our attorneys have been called upon to provide advisory opinions and to review whether a course of conduct falls within the provisions of the practice act. We can assist you with developing forms and business practices to minimize potential future liability.