Under Alabama law, a homeowner discovers defective work 18 months after project completion. The contractor's license expired 6 months ago. What recourse does the homeowner have?
Correct Answer
C) Can file a claim against the contractor bond
Alabama contractor bonds remain valid for claims on work performed while the license was active, even after license expiration.
Why This Is the Correct Answer
In Alabama, contractor surety bonds remain available for claims related to work performed while the license was active, even if the license has since expired. The bond is tied to the work performed, not to the current license status. The homeowner can file a bond claim for defective work done during the licensed period.
Why the Other Options Are Wrong
Option A: Must wait until contractor renews license
There is no legal requirement that a homeowner wait for a contractor to renew their license before pursuing a bond claim. Bond claims are independent of the contractor's current license status.
Option B: No recourse available due to expired license
License expiration does not eliminate bond coverage for work performed during the licensed period. Saying 'no recourse' due to expiration misrepresents how surety bonds function in Alabama.
Option D: Can only pursue civil litigation
Civil litigation is a valid option but is not the only recourse. The bond provides a specific, often faster remedy for consumers. The question asks for available recourse, and the bond claim is the most direct answer.
Memory Technique
Bond coverage follows the work, not the license. Imagine the bond as insurance purchased for the project at the time it was done β expiration of the license afterward doesn't void the coverage already in force for that work. Past work = past coverage still accessible.
More Alabama Questions
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Under Alabama law, what is the statute of limitations for filing a breach of contract claim against a contractor?
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