Can I sue my contractor or roofer for failing to obtain permits or for being unlicensed?
Sometimes when construction or roofing projects go south, the homeowner learns the contractor or roofer did not have a license or failed to obtain the required permit before starting the work. Contractors and roofers are required to obtain permits for any contractor or roofing work. The permitting process alerts the authorities to the work that is being done and results in inspections to make sure that the work is being done right and up to code. Unscrupulous contractors and roofers, perhaps knowing that they are not going to do the work right, often fail to get permits.
Unscrupulous contractors and roofers also fail to obtain licenses for similar reasons. Or they might use someone else’s license, either with that person’s permission, or without even telling the other person. Such evasion of the licensing and permitting rules is not allowed in New Mexico. A New Mexico contractor or roofer who performs work without being licensed is not allowed to charge for the work performed.
Sometimes the contractor or roofer falsely states they have a license or they pulled the required permit. Sometimes the contractor or roofer falsely tells the homeowner no license or permit is required.
Treinen Law Office has seen all the above problems many times here in New Mexico. When permits are not pulled, licenses are not maintained, or other misrepresentations accompany construction or roofing projects, New Mexico consumer protection statutes apply. These consumer protection laws allow for enhanced remedies, including treble damages and fee-shifting, meaning the contractor or roofer is required to pay your attorney fees and costs if you prevail.
Treinen Law Office has repeatedly been successful in obtaining full justice for cheated New Mexicans by using the consumer protection statutes in contractor or roofing disputes.