Is it a Felony in your state?

Oct 19, 2007 13 Replies

I was solicited today at the door. _Hi, we are painting "Jim's" house and see you have a need for painting (duh! not much).



Without a single thought this beautiful woman (emphasis) quotes me $2,150.00. Playing on this conversation I say I only have three sides to paint. Of course she can now do the job cheaper (consult in the car with the driver - (GRIN) )



She comes back, says $1,500.00 for the three sides of the house to be painted. I asked, if the company/she had a contractor's license - no! "we have a crew to paint". Do they have a license? She went silent...like I had three heads :-))



I had the ask the beautiful solicitor :)



In Nevada.



A contractor is anyone who in any capacity except as an employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement. (NRS 624.020)


-- Oren



"I wouldn't even be here if my support group hadn't beaten me up."


The way it's worded is a bit odd. "purports to have the capacity to undertake to," So you're having a party drinking beers and you mention that you're planning on expanding the house, some random guy mentions that he helped frame a dormer in college and it was no big deal and that it'd be easy to dormer your house. "Hell yes, I could do it!" How does that constitute contracting? That's like arresting someone for prostitution who mentioned they _could_ boink your brains out. Seems to me there an offer has to be made, right?

R

Glad Nevada finally put some teeth in its laws. I was a contractor in Nevada for nine years. Heard too many stories about paying up front, shoddy work, no work, all sorts of horror stories. Though, the law is different in many states. One size does not fit all, and if just depends on what state you live in as to your recourse.

For all, please notice that merely offering or purporting to have the capacity to undertake, or giving a bid constitutes contracting. That covers most work.

Steve

That would depend on the state you live in, wouldn't it? In Nevada, merely an offer to do the work, whether orally or on paper, whether the work actually starts or not, or money changes hands or not constitutes contracting under the new statutes.

Now you can argue all day as to whether it's fair, or that's the way it is in Kansas. Or wherever you live.

But that's the way it is in Nevada.

BUT IT'S JUST NOT FAIR, Ricodjour screams!

Tell it to the judge, son.

Steve

Oren,

So? What was the result? Did you call the cops? File a complaint? What? Are they doing time? There are lots of laws that look good on the books but are not enforced.

Dave M.

Can't imag Amendment X. "No State shall ... pass any ...Law impairing the Obligation of Contracts..."

But, what the hey, busibodies have to have something to keep themselves occupied.

So if the solicitor was "an employee of another with wages as the sole compensation", then she was not a contractor.

But if wages are *not* her sole compensation, like she gets health insurance or something, then she's a contractor?

Makes perfect sense to me ;^)

Eric Law

It all depends on your state. You call the Contractor's Board and file a complaint. They investigate. In Nevada, the fines are so expensive that they now have a full staff of investigators and they are hitting these guys with a minimum $5,000 fine or jail time.

Steve

I let it go. Later joked with the neighbor about it. He suggested that if she and her "crew" would paint the house bikini clad, too let them do it :-))

Our state is busy with the Ten Most Wanted (actually 20 - North and South NV). If you look at these crooks and also saw the person at my door, letting it go was best. No harm no foul.

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-- Oren

"I wouldn't even be here if my support group hadn't beaten me up."

Prostitution vs Painter.

It is legal in the next county (not Las Vegas), but the painter is a felon in both counties...

I don't think this apples. What obligation was impaired? The state says you need a license to bid for work.

Ours meet every two years:)

-- Oren

"Painting is the art of protecting flat surfaces from the weather and exposing them to the critics."

Yeah, ours meet for 90 days every two years. The editor of our local paper (Houston) opined that is should be reversed.

I'm not mad. (BFG)

-- Oren

"I wouldn't even be here if my support group hadn't beaten me up."

All the singles bars would close if guys could not talk about their occupation. Plumbers, carpenters, astronauts, race car drivers, test pilots, movie producers, etc.

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