Amendment to Statutes Governing Mississippi State Board of Contractors -- Effective July 1, 2015

 

The 2015 Mississippi Legislature has made a number of changes to the statutes governing the Mississippi State Board of Contractors, Miss. Code Ann. §§ 31-3-1, et seq. and Miss. Code Ann. §§ 73-59-1, et seq. The enumerated changes are found in Senate Bill 2508 [click here for SB 2508], which have been sent to the Governor for his signature. Listed below are some of the changes:

     

  • Demolition is added to the list of activities covered by the statute for which a certificate of responsibility will be required.

     

  • The thirty (30) day waiting period for an application for a Certificate of Responsibility has been removed.

     

  • The number of entities for which a qualifying party may appear is limited to three (3) unless special permission is granted.

     

  • Grants the Board of Contractors to issue citations to any commercial or residential contractor preforming work with a Certificate of Responsibility and may order the work to be stopped.

     

  • The definition of "resident contractor" has been clarified to include a nonresident person, firm or corporation that has been qualified to do business in this state and has maintained a permanent full-time office in the State of Mississippi for two (2) years prior to submission of the bid.

 

     

  • Board of Contractors now has the authority to issue public reprimands for violations of the statutes and/or regulations.

     

  • The appeal process for commercial and residential contractors from a decision of State Board of Contractors has been clarified and defines content of administrative record which is to be considered on appeal.

     

  • The Board of Contractors has that authority to require residential builders and remodelers issued licenses after July 1, 2015, to have two (2) hours of continuing education per year.

Commercial and residential contractors and subcontractors should read these amended statutes and check the website for the Mississippi State Board of Contractors at http://www.msboc.us/ for any changes to its Rules and Regulations resulting from these legislative changes.

Contractor's Right to a Speedy Trial

Contractors, subcontractors, suppliers and even owners can become frustrated at the length of time it takes to have a dispute reach the courthouse.  Their lawyers are also frequently concerned about whether jurors will be able to understand the complex issues associated with a construction dispute.  One way to address this problem is to agree to a bench trial.  If the parties can agree to a bench trial, Miss. Code Ann. § 11-1-18 (Supp. 2008) provides as follows:

If the parties to a cause of action agree, any claim filed alleging damages may receive a bench trial which shall be conducted in two hundred seventy (270) days or less after the cause of action has been filed. The cause of action shall be a priority item in the court.

Emphasis added.  This statute is frequently overlooked but could be just the answer for a contractor that wants a timely resolution of its dispute.