2006 Code of Virginia § 54.1-1115 - Prohibited acts

54.1-1115. Prohibited acts.

A. The following acts are prohibited and shall constitute the commission of aClass 1 misdemeanor:

1. Contracting for, or bidding upon the construction, removal, repair orimprovements to or upon real property owned, controlled or leased by anotherperson without a license or certificate, or without the proper class oflicense as defined in 54.1-1100 for the value of work to be performed.

2. Attempting to practice contracting in the Commonwealth, except as providedfor in this chapter.

3. Presenting or attempting to use the license or certificate of another.

4. Giving false or forged evidence of any kind to the Board or any memberthereof in an application for the issuance or renewal of a license orcertificate.

5. Impersonating another or using an expired or revoked license orcertificate.

6. Receiving or considering as the awarding authority a bid from anyone whomthe awarding authority knows is not properly licensed or certified under thischapter. The awarding authority shall require a bidder to submit his licenseor certificate number prior to considering a bid.

B. Any person who undertakes work without (i) any valid Virginia contractor'slicense or certificate when a license or certificate is required by thischapter or (ii) the proper class of license as defined in 54.1-1100 for thework undertaken, shall be fined an amount not to exceed $500 per day for eachday that such person is in violation, in addition to the authorized penaltiesfor the commission of a Class 1 misdemeanor.

C. No person shall be entitled to assert the lack of licensure orcertification as required by this chapter as a defense to any action at lawor suit in equity if the party who seeks to recover from such person givessubstantial performance within the terms of the contract in good faith andwithout actual knowledge that a license or certificate was required by thischapter to perform the work for which he seeks to recover payment.

Failure to renew a license or certificate issued in accordance with thischapter shall create a rebuttable presumption of actual knowledge of suchlicensing or certification requirements.

(Code 1950, 54-142; 1956, c. 397; 1970, c. 319; 1980, c. 634; 1985, c. 356;1988, c. 765; 1990, c. 911; 1994, c. 79; 1995, c. 771; 1998, c. 691; 2000, c.33; 2003, cc. 429, 430; 2004, c. 131.)