Home>Levelset Community>Legal Help>As a Licensed GC in TN that did a large job in MS n which we are not licensed (TN and MS are reciprocal but does require Business Law which we applied for but never took the course due to time constraints) Do we have a leg to stand on if still owed $60k

As a Licensed GC in TN that did a large job in MS n which we are not licensed (TN and MS are reciprocal but does require Business Law which we applied for but never took the course due to time constraints) Do we have a leg to stand on if still owed $60k

MississippiPayment Disputes

As a licensed GC in TN that did a 95k Insurance restoration job in MS in which we are not licensed (TN and MS are reciprocal but does require Business Law which we applied for but never took the course due to time constraints) Do we have a leg to stand on if still owed $60k? Customer is now refusing to pay and holding over GC head we are not licensed...threatening to turn us into State of MS in which she said we will be fined 3x’s the amount of 95k job and in turn keeping Insurance money for herself. Job was at 98% complete! I should note that this customer has a gambling problem and is unrightfully profiting from our hard work.

1 reply

Oct 16, 2018

I'm very sorry to hear that. As mentioned above. the Mississippi State Board of Contractors does have a reciprocity agreement with the Tennessee Contractors board. While the reciprocity agreement can waive the trade exam required by Mississippi (for those who have held a license for 3 consecutive years), the Mississippi Law and Business Management exam is still a mandatory requirement. When a residential builder or remodeler is not properly licensed in Mississippi, the contractor cannot enforce their contract either in law or in equity. Meaning, if such a contractor goes unpaid, they will not be able to sue for damages under their contract or under an equity claim such as unjust enrichment. It's a steep penalty, but the rules are the rules. Considering the large amounts at issue here, it would likely be worthwhile to consult a Mississippi construction attorney for advice on how to move forward - they will be able to get a clearer view of the dispute by looking at the relevant documentation, communications, or other information relating to this potential claim. Considering it sounds like nearly $100k is in the balance, the cost to consult a Mississippi construction lawyer would seem to be worth it. Avvo, Justia, and Lawyers.com all provide resources on how to find effective Mississippi construction attorneys.

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