§ 9-74. Unlawful acts or omissions.  


Latest version.
  • It shall be unlawful for any contractor, licensed individually or as a firm contractor, officer, director or qualified representative of a firm contractor or superintendent to commit any one (1) or more of the following acts or omissions:

    (1)

    To contract or do any work outside of the scope of operations as set out in the definition of the particular type of contractor or superintendent for which he is qualified.

    (2)

    Abandon without legal excuse a construction project or operation in which he is engaged or under contract as a contractor or superintendent.

    (3)

    Divert funds or property received for the execution or completion of a specific construction project or operation or for a specified purpose to any other use whatsoever.

    (4)

    To depart from or disregard in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative.

    (5)

    Disregard or violate, in the performance of his contracting business, any of the building, safety, health insurance or workers' compensation laws of the state or ordinances of this city.

    (6)

    Misrepresent any material fact in his application and supporting papers in obtaining a license under this article.

    (7)

    Fail to fulfill his contractual obligation through inability to pay all creditors for material furnished or work or services performed in the operation of his business for which he is licensed hereunder.

    (8)

    Intentionally evade or violate any of the provisions of this chapter, which may be evidenced by but not limited to one (1) or more of the following acts:

    a.

    Aiding or abetting any person not holding a certificate of competency to evade or violate any of the provisions of this chapter;

    b.

    Allowing a certificate to be used by an unauthorized person;

    c.

    Obtain a permit for any work in which the certificate holder does not actually supervise, direct, and control the construction or installation covered by such permit;

    d.

    Subcontract any work to any person, corporation or firm not holding a certificate of competency for work involved in the subcontract.

    (9)

    Do any fraudulent act as a certificate holder by which another is substantially injured.

(Code 1953, § 48-8; Ord. No. C-82-8, § 2, 2-2-82)