South Carolina Contractor's Board: The Cease and Desist

December 19, 2017 by Robyn W. Madden

Defending Your Right to Work: Challenging a South Carolina Contractor’s Board Cease and Desist

It may be no surprise that the practice of contracting in South Carolina is heavily regulated. In South Carolina, the Contractor’s Board regulates general and mechanical contracting, burglar and fire alarms, and fire protection.  As a licensing body, the South Carolina Contractor’s Board has the authority to take disciplinary action against a licensee.  South Carolina Contractor Board investigations are not uncommon. Possible disciplinary action may include: a public reprimand, fine, probation, even revocation. 

What many small businesses do not know is or that there are many jobs which, depending upon the contracted amount may require a South Carolina Contractor’s license.  In the absence of a license, the South Carolina Contractor’s Board may issue a cease and desist.

 Although a specific license is not required to perform the following work, a portion of the work could require a general contractors or mechanical contractor’s license when the total cost of the construction exceeds five thousand ($5,000) dollars.  Notably, several identified activities subject to the $5,000 threshold are heavily regulated by another state agency.

Examples offered by The South Carolina Contractor’s Licensing Board which require licensure when the total cost of construction exceeds $5,000.00 and may result in a cease and desist include:

• Clearing
• Commercial Carpet Installation
• Debris Removal
• Demolition
• Fencing
• Irrigation and Landscaping
• Pool Painting

Regulation of Unlicensed Contracting Work:  The Cease and Desist

Although the South Carolina Board of Contractors may only discipline its licensees, the Board of Contractors holds the right, pursuant to South Carolina Code Ann. § 40-11-100, to issue a cease and desist prohibiting continued work and accessing a fine until the matter is otherwise resolved.  Unlicensed individuals may also be subject to criminal penalties. The impact of a cease and desist order can be devastating to a business or individual, both personally and professionally.

Our South Carolina professional license defense attorneys provide assistance to individuals and businesses who have been served with a South Carolina Contractor’s Board cease and desist. If you have been served with a cease and desist by the South Carolina Contractor’s Board, call us today to learn more about how we can help and to determine if a resolution can be reached to enable you to return back to work.