A homeowner hires a contractor to build a deck for $18,500. The contractor abandons the job after receiving $12,000 and completing only 40% of the work. What recourse does the homeowner have under South Carolina law?
Correct Answer
D) Both file a licensing board complaint and pursue civil remedies
South Carolina law allows homeowners to both file complaints with the licensing board for regulatory action and pursue civil remedies for breach of contract.
Why This Is the Correct Answer
South Carolina law provides homeowners with dual recourse when a licensed contractor abandons a project. The homeowner can file a complaint with the SC Contractor's Licensing Board (under the Department of Labor, Licensing and Regulation) seeking regulatory action against the contractor's license, AND simultaneously pursue civil remedies (breach of contract, damages) in court. These two avenues are not mutually exclusive.
Why the Other Options Are Wrong
Option A: Sue for breach of contract in civil court only
Suing for breach of contract in civil court only is incomplete. While civil litigation is available and appropriate, it is not the only remedy. Limiting the homeowner to civil court ignores the licensing board complaint mechanism, which can result in license suspension, revocation, and other regulatory sanctions.
Option B: File a mechanics lien against the contractor's property
Filing a mechanics lien against the contractor's property is not applicable here. Mechanics liens are filed by contractors, subcontractors, and suppliers against a property owner's real property when they have not been paid for labor or materials. A homeowner cannot file a mechanics lien against a contractor for abandonment.
Option C: File a complaint with the contractor licensing board only
Filing a licensing board complaint only is incomplete. While the board complaint is appropriate, limiting the homeowner to this single remedy ignores their right to pursue civil damages for breach of contract and recovery of the overpaid funds.
Memory Technique
Remember DUAL TRACK: when a contractor wrongs a homeowner in SC, the homeowner can pursue BOTH the regulatory track (licensing board) and the civil track (court). Think of it as a two-lane road — both lanes lead to justice.
More South Carolina Questions
What is the maximum contract value a Tier 1 residential contractor can undertake in South Carolina?
Under South Carolina law, a contractor discovers a material defect in their work 6 months after project completion. The owner demands immediate correction. What is the contractor's legal obligation?
A contractor has 15 employees and annual payroll of $780,000. The workers compensation rate is $4.25 per $100 of payroll. What is the annual premium?
According to SC building codes, what is the maximum allowable deflection for a residential floor joist with a 16-foot span under live load?
A subcontractor completes $25,000 of electrical work but is not paid by the general contractor. The general contractor was paid by the owner. What is the subcontractor's lien priority against the property?
A contractor receives a stop work order from the building official. Work continues for 3 additional days before stopping. What penalty applies per South Carolina building codes?
Under South Carolina workers compensation law, which of the following employees would be exempt from coverage requirements?
Under South Carolina contractor licensing law, how many hours of continuing education are required annually for license renewal?
A Class B contractor wants to bid on a $750,000 commercial project. What must the contractor do to be eligible?
A contractor's license expires on June 30th. They submit renewal application and fees on July 15th. What additional penalty must they pay?
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