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Builders fail test but get licenses
Author: Jessica Fender
-
03/18/2008
The Tennessean
Publication Article »
More than 60 home contractors who have repeatedly failed licensing tests continue to pour foundations, install drywall and wire electrical systems in Tennessee homes thanks to passes granted by a state oversight board.
About a third of the test-flunkers who instead took job interview-like oral exams have histories that include complaints of poor workmanship, thousands of dollars in judgments against them or instances of working without a license, records show.
The number of contractors seeking the licensing waivers jumped from one to 21 the year the written test became more difficult to cram for.
Officials at the state Board for Licensing Contractors say tradesmen facing language barriers, dyslexia or other test-taking impairments need the oral interviews.
But homebuyers and their advocates say the waivers shed light on a weak vetting process and a coziness between the construction industry and board members, nearly all of whom are builders themselves.
Homeowner Scott Kuban was shocked to hear his contractor, whom Kuban successfully sued, later went on to receive a waiver after failing the test three times while trying to start a new company under a different company name.
"When someone is a licensed contractor, I thought that meant something," said Kuban, of Ooltewah, Tenn., outside Chattanooga. "It definitely could be more stringent licensing. A lot of people buying their first home don't have money" to hire a lawyer and sue, he said.
Licensing tests are meant to make contractors prove they know state law and regulations and can build safe homes. Builders must take the test if they want a new license, want to add a specialty to their repertoire or want to build bigger structures.
But would-be contractors who fail the timed, computer-based exams three times can opt for a one-on-one meeting with a board member.
The screening process is more like a job interview than a test, and interviewers don't ask test questions, said Carolyn Lazenby, board director.
The interviews are not recorded.
As a result of Tennessean inquiries and a change in state law that took effect July 1, the board staff will now review its oral exam policy, said Lazenby.
"We've done things the same way forever and ever," Lazenby said. "It's something that we probably need to look at. Something they (the board) would be open to."
Oral exam less stringent
Contractors are more likely to get a license through an oral exam, where 62 of 64 licenses have been granted since 2004, than through the written test where just 39 percent of applicants pass the first time, a Tennessean review of state records found.
As part of the application process, applicants are also asked to confess in sworn affidavits to the board any prior judgments, liens, felonies, bankruptcies or unlicensed contracting work they've done. Though the staff checks on tips of impropriety, they do not investigate would-be contractors before allowing licenses for those who've failed the test, Lazenby said.
Contractors with black marks on their records include:
• Ahmad Abulaban, a Murfreesboro homebuilder, received a waiver 17 days after the board staff wrote him a $1,000 citation for building without a license.
Abulaban, of M&A Builders, said he built and sold the home to his cousin. He declined to comment further when interviewed Friday.
Lazenby said the paperwork got crossed in the mail, and the board is now reviewing Abulaban's application to see whether he also failed to disclose to the state that he had operated without a license.
• Christopher Price, a Lebanon-based contractor, received a waiver in March 2005. Now he faces a pending complaint and a court case accusing his company, Price Builders, of poor workmanship on an unfinished project.
Price declined to comment.
• The owners of Supreme Country Builders in Knoxville had several judgments totaling at least $8,000 against another company they owned when they were granted a license despite failing the exam.
The owners could not be reached for comment.
Nashville lawyer Jean Harrison, who represents homeowners, bristled at the idea of the oral exams.
Both she and Lazenby said that many contractors attend "cram schools," where they are essentially given test answers to memorize.
In 2005, the board hired a new company to administer a new test. The change has driven more contractors to take the oral exams.
That could mean more work for Harrison, the lawyer.
"If you are not capable of passing an exam, I'm a little disturbed they're willing to issue a waiver," Harrison said.
As a result of Tennessean inquiries and a change in state law that took effect July 1, the board staff will now review its oral exam policy, said Lazenby.
"We've done things the same way forever and ever," Lazenby said. "It's something that we probably need to look at. Something they (the board) would be open to."
Oral exam less stringent
Contractors are more likely to get a license through an oral exam, where 62 of 64 licenses have been granted since 2004, than through the written test where just 39 percent of applicants pass the first time, a Tennessean review of state records found.
As part of the application process, applicants are also asked to confess in sworn affidavits to the board any prior judgments, liens, felonies, bankruptcies or unlicensed contracting work they've done. Though the staff checks on tips of impropriety, they do not investigate would-be contractors before allowing licenses for those who've failed the test, Lazenby said.
Contractors with black marks on their records include:
• Ahmad Abulaban, a Murfreesboro homebuilder, received a waiver 17 days after the board staff wrote him a $1,000 citation for building without a license.
Abulaban, of M&A Builders, said he built and sold the home to his cousin. He declined to comment further when interviewed Friday.
Lazenby said the paperwork got crossed in the mail, and the board is now reviewing Abulaban's application to see whether he also failed to disclose to the state that he had operated without a license.
• Christopher Price, a Lebanon-based contractor, received a waiver in March 2005. Now he faces a pending complaint and a court case accusing his company, Price Builders, of poor workmanship on an unfinished project.
Price declined to comment.
• The owners of Supreme Country Builders in Knoxville had several judgments totaling at least $8,000 against another company they owned when they were granted a license despite failing the exam.
The owners could not be reached for comment.
Nashville lawyer Jean Harrison, who represents homeowners, bristled at the idea of the oral exams.
Both she and Lazenby said that many contractors attend "cram schools," where they are essentially given test answers to memorize.
In 2005, the board hired a new company to administer a new test. The change has driven more contractors to take the oral exams.
That could mean more work for Harrison, the lawyer.
"If you are not capable of passing an exam, I'm a little disturbed they're willing to issue a waiver," Harrison said.