Chap. 404.—An ACT to amend and re-enact Sections 1 as amended, 11, 12, 13,
14, and 15-a as amended, of Chapter 431, Acts of Assembly of 1938, approved
April 1, 1938, relating to the establishment of a State Registration Board for
Contractors, defining its powers and duties, providing for certificates of reg-
istration, fees, distribution of moneys, suspension and cancellation of certificates,
prescribing punishment for violations, all as to the conduct of the business of
contracting, in order to make certain changes in the scope and applicability of
certain provisions of the act. [S 224]

Approved March 31, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections one as amended, eleven, twelve, thirteen, fourteen,
and fifteen-a as amended, of chapter four hundred thirty-one, Acts of As-
sembly of nineteen hundred thirty-eight, approved April one, nineteen
hundred thirty-eight, be amended and re-enacted, as follows:
Section 1. On and after the first day of January, nineteen hundred
thirty-nine, it shall be unlawful for any person, firm, association, or cor-
poration to engage in, or offer to engage in general contracting or sub-
contracting in this State, unless such person, firm, association, or cor-
poration has been duly licensed and issued a certificate of registration
under the provisions of this act, as hereinafter provided.

For the purpose of this act, a general contractor or a subcontractor is
defined to be any person, firm, association, or corporation that for a fixed
price, commission, fee or percentage, undertakes to bid upon, or to con-
struct or superintend the construction of, any building, highway, bridge,
railway, sewer, pipe line, grading, or any improvement, or structure or
part thereof, when the cost of the undertaking or a subcontract there-
under is twenty-thousand dollars or more; and any person, firm, associa-
tion, or corporation who shall bid upon or engage in constructing or super-
intending the construction of any structure or any undertaking or im-
provements or part thereof above mentioned, in the State of Virginia,
costing twenty thousand dollars or more, shall be deemed and held to
have engaged in the business of general contracting or subcontracting i in
this State.

Section 11. The issuance of a certificate of registration by this board
shall be evidence that the person, firm, association or corporation named
therein is entitled to engage in business as a general contractor or sub-
contractor while the certificate remains unrevoked or unexpired.

Section 12. Any person, firm, association or corporation not being
duly authorized who shall contract for or bid upon the construction of
any of the projects or works or any part thereof enumerated in section
one of this act, without having first complied with the provisions hereof,
or who shall attempt to practice general contracting or subcontracting in
this State, except as provided for in this act, and any person, firm, asso-
ciation or corporation presenting or attempting to file as his own the
registration certificate of another or who shall give false or forged evi-
dence of any kind to the board or to any member thereof in maintaining a
certificate of registration or who falsely shall impersonate another or who
shall use an expired or revoked certificate, and any awarding authority,
who knowingly receives or considers a bid from any one not properly
registered under this act, shall be deemed guilty of a misdemeanor and the
board may in its discretion use its funds to defray the expense, legal or
otherwise in the prosecution of any violations of this act.

Section 13. Any persons, firm, association or corporation, upon
making application to the building inspector or such other authority of
any incorporated city, town, village, or other political subdivision in this
State, charged with the duty of issuing building or other permits for the
construction of any building, highway, sewer, grading or any improve-
ment or structure where the cost thereof is to be twenty thousand dollars
or more, shall, before he be entitled to the issuance of such permit, furnish
satisfactory proof to such inspector or authority that he is duly registered
under the terms of this act to carry out or superintend the same and that
he has paid the taxes and/or license required by the laws of this State,
and of any city, county, town, or other political subdivision, thereof then
in force so as to be qualified to bid upon or contract for the work for
which the permit has been applied ; and it shall be unlawful for such build-
ing inspector or other authority to issue or allow the issuance of such
building permit unless and until the applicant has furnished evidence that
he is either exempt from the provisions of this act or is duly registered
under this act to carry out or superintend the work for which permit has
been applied and further that the applicant has paid the license then in
force so as to be qualified to bid upon or contract for the work covered
by the permit; and such building inspector, or other such authority,
violating the terms of this section shall be guilty of a misdemeanor.

Section 14. Any person, firm, association or corporation having its
residence or chief office in or incorporated under the law of the State of
Virginia who or which was engaged in the business of general contracting
or subcontracting in Virginia prior to July first, nineteen hundred and
thirty-eight, shall be entitled to a certificate of registration provided for
in this act upon payment of the fees herein prescribed, without submitting
to any examination.

Section 15-a. The provisions of this act shall not apply to the prac-
tice of general contracting or subcontracting as defined in section one of
this act by any authorized representative or representatives of the United
States of America or any of its instrumentalities or agencies, the Common-
wealth of Virginia or any of its instrumentalities, agencies or institutions,
or of any county, city, town or other political subdivision of, or any dis-
trict, zone, local subdivision or area in, the State of Virginia, or to the
construction, reconstruction, repair, or improvement of any highway or
bridge, constructed, reconstructed or repaired by the State Highway Com-
mission.