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Letters to the editor

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Law targets unscrupulous contractors

01:00 AM EDT on Monday, September 17, 2007

As a member of the Special House Commission to Examine the Issue of Licensing Builders and Contractors as well as president of Carpenters Local Union 94, I cannot help but respond to Justin Katz’s Aug. 17 Commentary piece “Legislators crack down on carpenters.”

Rep. Charlene Lima convened a commission with representatives of labor, management, government and consumers. Through at least five public meetings of the full commission, we attempted to draft legislation with three goals: consumer protection, increased public safety, and creating a level playing field for contractors — both union and non-union.

Firstly, construction is an area where consumer protection is lacking. On large state and federal projects, contractors face a bonding requirement. If a contractor is unable to complete a job at a given point, the bonding company assumes responsibility. In the residential market, no such protection exists. An unscrupulous contractor can easily take the money and run, leaving the homeowner with no immediate remedy.

Secondly, regulation and licensing of contractors is a public-safety issue. Clearly construction is an area in which cutting corners can have a dangerous and tangible effect. Requiring contractors to have some basic qualifications and training is certainly no hurdle — a good contractor should be interested in furthering their knowledge of the trade. As this is no more than is required of the nurses and doctors who work to ensure the public health in our hospitals, it is certainly not an unreasonable requirement for those building the hospitals.

Finally, the commission sought to create a level playing field for legitimate contractors to compete. Currently, both union and reputable non-union contractors are facing a dilemma. Unscrupulous contractors who skimp on basics such as carrying workers’ compensation insurance or illegally misclassifying employees as independent contractors gain an incredibly unfair advantage over contractors who follow the rules.

As a result of these meetings, the legislation established a contractor-registration system that requires contractors to disclose some basic operational details to the state to ensure that they are indeed a functional business carrying appropriate insurances and complying with basic regulations.

Additionally, the fees set forth in the legislation go directly towards enforcement — a refreshing step in this era of unfunded government mandates. Most importantly, this legislation provides a clear process for consumers to seek redress against work that has been performed poorly or not completed.

While the many varied voices of Representative Lima’s commission did not always agree or head in the same direction when searching for solutions to these issues, we did work together across conventional lines of interaction in order to protect Rhode Island’s consumers and taxpayers. Representative Lima should be applauded for her stewardship of this legislation.

DAVID PALMISCIANO

Warwick

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