My contractor wants me to pull the construction permit. Should I ?

6 years ago

Bought a house in a retirement community in Toms River, NJ October 2019. Needed a lot of renovations. Saw a contractor working on another house and I hired him. I have a signed contract for the scope of the work to be performed. Contract signed in October 2019. No License # on contract (Stupid Me for not inquiring). No mention of permits (electrical, plumbing, construction) But he did text me in November saying he was pulling the permits...It is now June 2020 and you know what? no permits have been pulled. Also work was suppose to be finished by December 2019, extended to March 2020, and just about finished now (June 2020). Fixing problems. The only reason I'm getting him to fix his mistakes is because I mentioned that I was getting an attorney. We've had many arguments. He's told me lie after lie about the permits and other things. He now says that he is going to pull the electrical and plumbing permits but wants me to be the General Contractor (him the sub-contractor) and wants me to pull the permit. He is telling me it would be easier for me to pull the permit (won't need an architectural drawing - (took down 2 non-bearing walls, moved some windows and sliders). Should I pull the permit? If it doesn't pass inspection, is the contractor responsible to replace/repair? Or am I out of luck and need to replace/repair at additional costs? I have every single text and all my conversations were recorded, so I have proof that he said he pulled the permits. I also just recently found out (too late) that he was arrested for fraud charges during hurricane Sandy. (failure to register as a contractor).

Featured Answer

PRO

Charles Ross Homes

6 years ago

Unlicensed contractors are enabled by homeowners who pull permits. Doing so could open you up to a potential fine for not pulling the permit prior to starting work, not getting appropriate rough-in inspections, and make you responsible to ensure the completed work complies with building code requirements in your municipality.

Honesty is the best policy. I suggest you call the building code official, explain what happened and get their guidance on where to go from here. What Joseph Corlett related for Florida would be the same here in Virginia--a contractor operating illegally has no legal recourse for non payment.

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Comments (6)

Sammy
6 years ago
So is he licensed or what?
PRO
Joseph Corlett, LLC
6 years ago
Were you in Florida and he is unlicensed, his contract with you would be unenforceable; he could not lien your home or seek judgement, however, your contract with him is enforceable. Check your local laws, please.
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littlebug zone 5 Missouri
6 years ago
Sounds like a mess. Stop communicating with him, keep him off the property, and start fresh, humbling yourself to the building code official.
bry911
6 years ago
Code enforcement is really a local question. Your safest option is to find an expert in your area and ask, however, that is easier, and maybe cheaper, said than done. Calling the building department directly typically leads to a helpful response, but can lead to fines and work stoppage demands...

Generally, all permits are on the home. So regardless of who pulls them they are attached to the physical address and are the responsibility of the owner of that physical address. Usually, the homeowner would be protected by the contract regardless of who pulls the permit, but that protection is only as good as the steps you can and will take to enforce it.
Sidgirl K
6 years ago
***IANAL****

He wants you to pull the permits because he knows A) the government will want his license # to issue a permit and he doesn't have one, but often homeowners don't need a license to do work themselves on their own property; and B) he knows that if the government sees his name they're going to come after him. It has nothing to do with what's "easier," it's about what enables him to break the law and scroo you, sorry!

Please just fire this guy and find an honest contractor (I know it's very difficult to do so, sorry, but you really need to--the thought of the work he's done on your home scares me)!

Absolutely do speak to an attorney, and to your local DA's office; this man has committed fraud against you by representing himself as a licensed contractor and representing the work he's done as permitted work. You *may* be able to sue to get your money back, and the DA may want to pursue charges against him.

I am so sorry this has happened to you!!