Independent contractor fraud can be a serious problem in the
construction industry unfortunately. An independent
contractor is a person who is licensed to independently
perform certain kinds of work. The license indicates they
have met all state and federal requirements for contractors
and is legitimate. Unfortunately, too many people pass
themselves off as licensed contractors, when in fact they
don’t have the proper licenses or qualifications.
A legitimate independent contractor spends a lot of money
making sure they have proper insurance and licenses. The
contractor has probably trained in his or her specialty and
can provide references upon request. Because they are
registered and insured, the homeowner who hires this person
has recourse against independent contractor fraud if the job
is done poorly.
Independent Contractor Fraud
Independent contractor fraud includes a contractor passing
him or her self off as being properly licensed when they
have no license. All too often remodel jobs are done by
people who claim to have experience which they don’t
actually have. When the job gets botched, you have no one to
call because there’s no license. When properly licensed, the
state, county or city could be notified and proper action
taken.
Independent contractor fraud can take many forms:
Employees on your job don’t get paid by the contractor even
though you paid the contractor invoice
Contractor leaves the job before it’s finished and doesn’t
return
Contractor fails to do job as agreed upon for the money
involved
Contractor causes property damage
Contractor uses unlicensed subcontractors
Contractor doesn’t pay material bills with money you paid
for that purpose
Misrepresents experience
There are steps you can take to prevent independent
contractor fraud. First, you should always get a license
number and then verify with the state that the number is
valid and in good standing. You can call the Better Business
Bureau and make sure there have been no complaints filed
against the contractor. If you borrow money, ask the bank
how you can make sure all the subcontractors get paid. Most
banks require subcontractors sign a release of lien before
releasing money.
You can also prevent independent contractor fraud by
verifying the contractor insurance policy is valid. This
will protect you in the event the contractor makes a mistake
or fails to complete the job as agreed. Anyone who works on
your job that’s required to be licensed should be able to
give you a license number and an insurance number. This
applies to electricians and plumbers in most states.
Preventing independent contractor fraud just takes some
common sense. Of course, there will always be those times
when you are defrauded despite all precautions. All you can
do at that point is contact the appropriate authorities and
regulating agencies.
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