State Specific Question About: PENNSYLVANIA (PA)

If the contractor owes you money but he doesn't have any, then the lawyer isn't going to do you any good.

The rest of your stuff is irrelevant.

As a Licensed Contractor who is afraid of litigation due to my standing as a business man, my license status, my bonding status, my general liability insurance, my Tax status with the IRS and reputation -- the one thing a un-licensed contractor want-a-be isn't too much afraid of is a "LAWYER". While you are paying his hourly rate, between $200 to $500 per hour, the unlicensed is getting more jobs, suckering clients to give him pre-job monies (deposits) and making fun of the system.

Your best bet is to obtain from a licensed contractor what was done wrong and the cost to fix it, then take your problem to small claims court.

unfortunately, winning may be the easy part .. how will you collect?

It is kind of "you get what you pay for". Licensing only happened a few years ago in Pennsylvania ...and I believe it's actually more of a "registration" than a "license" for contractors. If you hire someone who hasn't registered with the state because they were cheaper than the ones who do register and carry insurance, that's kind of on you.

What do you need an attorney for? You should be able to file a civil complaint on your own (as long as you're not filing on behalf of an LLC). Once you get a judgment what are the chances of collecting on it?

What Nicole says in regards to contractors being registered in the state of Pa, it means nothing.

I can go get a contractors registration and insurance policy tomorrow.

In Maryland we have a Guaranty fund that can pay damages when the claim is against a licensed/insured contractor. You don't have something like that in your state?

File a Complaint - Home Improvement Commission

A complaint may be filed against a contractor or a salesperson. If violations of the Home Improvement Law are found after investigation, regulatory or criminal charges may be filed. There is no monetary award for homeowners in the complaint process. If a licensed contractor was used, the homeowner may be compensated for actual losses through the Guaranty Fund claim process.

TO FILE A GUARANTY FUND CLAIM

There is a form, separate from the complaint form, which must be filed with the Commission for compensation from the Guaranty Fund. The Fund does not apply to salespersons, or unlicensed contractors. A claim must be filed within three years of the date of discovery of loss or damage caused by a licensed contractor.

To obtain a claim form, contact the investigator who is assigned to your complaint.

NOTICE TO GUARANTY FUND CLAIMANTS

Under the Home Improvement Law, the Claimant has the burden of proof at the hearing before the Administrative Law Judge. This means that it is the responsibility of the Claimant to present the evidence to prove that he/she is entitled to a monetary recovery from the Guaranty Fund.

The Administrative Law Judge will consider only evidence that is presented at the hearing. The Administrative Law Judge does not have letters photos, bills etc…which the Claimant may have provided to the Commission staff during the investigation of the complaint. If the Claimant wishes the Administrative Law Judge to consider such items, it is the responsibility of the Claimant to introduce them into evidence at the hearing.

In some cases, as part of its investigation of the complaint, the Commission may have hired an independent expert to inspect the Claimant’s property and prepare a written report. The Claimant should be aware that the Commission’s expert inspector does not appear at the hearing to testify, unless called as a witness by one of the parties to the case. The Claimant should also be aware that "expert" witnesses, such as a professional home inspector, who are called to testify about their professional opinions, are entitled to be compensated for their time. If the Claimant wishes to have the Commission’s expert testify at the hearing, it is the responsibility of the Claimant to contact the expert in advance of the hearing, and make all necessary arrangements with the expert, including arrangements for payment of any fee.

The Claimant should be aware that, if he/she attempts to introduce a written inspection report into evidence at the hearing, without the expert present to testify, it will be up to the discretion of the Administrative Law Judge whether to admit the report into evidence, if the expert is not present to testify and not subject to cross-examinations, the Administrative Law Judge may give the report less weight than if the expert is present.

Even if the Commission has hired an expert inspector to inspect the Claimant’s property, the Claimant has the right to hire his/her own expert to inspect the property and to testify on the Claimant’s behalf at the hearing.