SB 1113 takes effect on July 1, 2017, and will allow Virginia contractors to post a surety bond as proof of financial responsibility. Current law requires that Class A and B contractors prove a minimum net worth as dictated by their license class with a financial statement or a balance sheet reviewed by a CPA.
Virginia contractors are classified according to the value of the contracts they handle. Contractors handling one contract that totals $120,000 or more, or handling contracts totaling $750,000 or more over a twelve-month period are licensed as Class A contractors. Class B contractors handle one contract valued between $10,000 and $120,000, or contracts totaling between $150,000 and $750,000 over the course of a year. Class C contractors, who are not affected by SB 1113, handle one contract valued at less than $10,000, or contracts totaling less than $150,000 over the course of a year.
Class A contractor license applicants must demonstrate a minimum net worth of $45,000, and Class B contractors must demonstrate a minimum net worth of�$15,000. SB 1113 will allow applicants to obtain a $50,000 surety bond rather than providing a financial statement or balance sheet. When renewing their license, Virginia contractors must show proof of a current surety bond.
Virginia contractors are licensed by the state Board of Contractors, a division of the Department of Professional and Occupational Regulation (DPOR). The DPOR has created a step-by-step guide to becoming licensed as a contractor, and applicants should keep in mind that several counties and cities in Virginia have additional contracting licensure requirements. Check with the county and city in which you will be conducting business before beginning work on a contract to make sure you’re correctly licensed.
SB 1113 specifies that Virginia contractors’ surety bonds are intended to satisfy court-ordered judgments that are not satisfied by the contractor. The surety bond’s liability is for actual monetary loss, court costs, and attorney’s fees incurred in the pursuit of the judgment, and cannot be used for interest or punitive damages assessed against the contractor. The bill also specifies that surety companies must notify the Board when a claim is made against the bond, when a claim is paid out, and when the bond is canceled.
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