alabama construction law
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alabama construction law

X. Licensing

There are several different types of licenses related to those working in the construction industry. These licenses include:

(1) Commercial General Contractor's License (See Ala. Code 34-8-1 at et seq.);
(2) Residential General Contractor's License;
(3) Electrician's Licenses (Ala. Code 34-36-1 et seq. (1975))
(4) HVAC Contractor's Certification (See Ala. Code 34-31-18 et seq. (1975))
(5) Plumber's Licenses;
(6) Gas Fitter's Licenses;
(7) surface coal mining (See Ala. Code 9-16-81 (1975);
(8) blasting or explosives (See Ala. Code 8-17-247 (1975));
(9) architecture (See Ala. Code 34-2-30 et seq. (1975));
(10) Landscape Architecture (See Ala. Code 34-17-20 (1975));
(11) construction of a swimming pool (See Ala. Code 34-81-1(b) et seq. (1975)).

Additional information on licensing for contractor's can also be found at the Contractor's Checklist Section of this Website and at www.contractors-license.org which gives information regarding licenses in various states. Below is an overview of some of the licensing requirements.

  1. Residential Licensing and Homebuilder's Recovery Fund

    The Home Builders Licensure Board was created to regulate the home building and residential construction industry. Ala. Code 34-14A-2 (2) (1975). It applies to those engaging in residential and private dwelling construction business as a contractor. Id. at 34-14A-2 (4). The Alabama Code requires all residential home builders to obtain license annually from the Home Builders Licensure Board. Id. at 34 14A 5. However, any person engaged in residential home building on or before January 1, 1992, "shall be duly licensed by the board, without examination, after paying the required annual fee and submitting to the board, within a period of twelve months after the board is established, one of the following:

    (1) An affidavit showing that the residential home builder has constructed a minimum of one dwelling as defined herein within the year prior to January 1, 1992, or five dwellings within the previous five years.
    (2) Satisfies the board of his or her building qualifications and experience.
    (3) Is currently licensed as a residential home builder by a jurisdiction in this state which requires an examination for licensure.
    (4) Is a currently licensed residential remodeler by a jurisdiction in this state, who by his or her personal affidavit can establish that his or her business did a gross remodeling dollar volume in the previous calendar year of two hundred fifty thousand dollars ($250,000) or more.

    Id. at 34 14A 5.

  2. Licensing for Commercial General Contractor and Subcontractors

    Alabama Code section 34-8-1 et seq. requires that a contractor engaged in construction involving non-residential work amounting to more than $50,000 (recently changed from $20,000) obtain a license. Ala. Code 34-8-1 (1975). This provision applies, with certain exceptions, to subcontractors as well. Id. at 34 8 7. "A contract by an unlicensed 'general contractor,' as defined in 34 8 1, is null and void as a violation of ... public policy. Such contracts are illegal and unenforceable by the unlicensed general contractor. Thomas Learning Center, Inc. v. McGuirk, 1998 WL 854839, *16 (Ala. Civ. App. 1998). Additionally, a proper license is required for a contractor seeking to enforce a construction lien. See J & M Industries, Inc. v. Huguley Oil Co., Inc., 546 So.2d 367 (Ala. 1989).