Description of Work: On 22 June 2012, Jim Scott of A2Z Construction, Clarksville, Tn. signed a contract with me (Larry Jones) to add a wrap-around Porch onto my home in the amount of $37,375 with $12,500 down and the rest due upon completion. Approximately 5 weeks later, the Contract was terminated due to unsatisfactory workmanship and practices on behave of Jim Scott and A2Z Construction. During the 5 weeks onsite, there was an estimated $8,000.00 worth of materials and labor invested into the project by A2Z Construction. I requested that the remaining $4,500 be returned to me. Jim Scott of A2Z Construction refused. Three days later, I was contacted by my local Building and Codes division that there was not a Building Permit issued for work to be performed at my Home/Worksite. I went down to the Building and Codes office to obtain a Building Permit and was informed that Jim Scott never pulled a permit and was not a registered Licensed Contractor with Montgomery County or the State of Tennessee. I called the Tennessee Board for Licensing Contractors and verified that Jim Scott was not a Licensed Contractor with the State of Tennessee. | |Tennessee law requires that any Contractor who enters into an agreement in the amount of $25,000 or more, is REQUIRED to be licensed in the State of Tennessee. Contractors License Law (projects over $25,000)T.C.A 626102(3)(A)(i)Contractor means any person or entity who undertakes, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor to install material or equipment for any building, highway, road, railroad, sewer, grading, excavation, development, improvement, or any other construction undertaking for which the total cost of the same is $25,000 or more. | |I contacted Jim Scott and notified him of the requirement and he stated that he knew the Law and it didn't matter, Licensed or not, I was not going to receive the remaining $4,500. | |T.C.A. 626103(5)(b) Recovery of Expenses by Unlicensed Contractor An unlicensed contractor may not be entitled to the contract price may be permitted in a court to recover only actual documented expenses, upon showing clear and convincing proof. | |Jim Scott of A2Z Construction, unlawfully represented himself as a licensed contractor and knowingly entered into an agreement in the amount of $37,375 with Myself (Larry Jones) on 22 June 2012. This was in direct violation of Tennessee Code 62-6-103. I feel that this is normal practice for Jim Scott and A2Z Construction. | |62-6-136. Unlawful representation as a licensed contractor or acting as a contractor -- Penalties -- Liability. (a) It is unlawful for any person, firm or corporation to represent itself as a licensed contractor or to act in the capacity of a "contractor" as defined in 62-6-102, or 62-37-103 (repealed), and related rules and regulations of this state, or any similar statutes, rules and regulations of another state, while not licensed, unless such person, firm or corporation has been duly licensed under 62-6-103 or 62-37-104.(b) In addition to the penalties set out in 62-6-120, 62-37-114 or 62-37-127, a violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation. |