published Sunday, May 30th, 2010

Marion OKs law to curb unlicensed contractors

By Ryan Lewis

Correspondent

JASPER, Tenn. — Since the economic downturn began, officials in Marion County have seen an increasing number of fraud cases involving contractors.

At the May meeting of the Marion County Commission, officials unanimously adopted the Home Improvement Licensure Law in an effort to stop the growing problem.

Marion County General Sessions Judge Mark Raines strongly urged commissioners to approve the law. He said the trouble primarily involves contractors who operate “out of their trunk.”

“It’s a growing concern,” he said. “We’re seeing a lot of problems with this, and they’re mainly targeting the elderly. In most cases, they’re doing more damage than what they repair.”

The law, which has been voted down by commissioners in the past, requires a contractor to be fully licensed and bonded before doing work totaling $3,000 to $25,000, officials said.

The $10,000 bond that will be required could cost contractors an estimated $100 to $300 per year.

Marion County Attorney Billy Gouger said the law also includes a criminal provision, which could be a major deterrent for deceptive contractors.

“That’s the problem we’re having,” Marion County Sheriff’s Office Detective Gene Hargis said. “Right now, it’s not a criminal matter.”

Mr. Hargis, also the Marion County Commission chairman, said his department has investigated 16 incidents involving deceitful contractors in the past 18 months. Three of those cases involved the same contractor, he said.

Judge Raines said that, while there are honest contractors, “quite honestly, those are not the ones I see.”

“We have a lot of folks who do what’s right, but I deal with the ones that don’t,” he said.

Many cases have involved work being done without a permit, so there is no assessment by the county building inspector. The new law forces contractors to get a permit before work can begin.

Attorney Jay Blevins has represented several clients with contractor issues. He believes any recent judgments against fraudulent contractors are worthless because the victims stand little chance of recouping their money.

“Up until now, it’s just been free rein,” he said.

Some commissioners questioned whether forcing contractors to buy a license would solve the problem.

“I can’t sit here and tell you it would stop all of it,” Judge Raines said. “I’m not saying this is a 100 percent fix. It might not be a 60 percent fix, but I know it has to be better than what we’ve got.”

Ryan Lewis is based in Marion County. Contact him at ryanlewis34@gmail.com.

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