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S.C. Code Ann. § 40-11-370

License required to use term "licensed contractor"; engaging in construction under assumed name; enforcement of contract

Applied in 8 court decisions — leading case Earthscapes Unlimited, Inc. v. Ulbrich (2010)

Most recently applied in Rose Electric, Inc. v. Cooler Erectors of Atlanta, Inc. (September 2016)

1998 Act No. 440, SECTION 1; 2001 Act No. 32, SECTION 1.

How often courts cite this section

20072010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) It is unlawful to use the term "licensed contractor" or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.

(B) It is unlawful to engage in construction under a name other than the exact name which appears on the license issued pursuant to this chapter. "Engaging in construction" includes marketing, advertising, using site signs, and submitting contracts. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.

(C) An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the name that appears on its license may not bring an action either at law or in equity to enforce the provisions of the contract.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.