How to help homeowners with their construction projects without requiring a license in Louisiana §309. Construction Management [Formerly §119]

FAQ#: 456 published 4-19-2022

A.1. Any person who performs, attempts to perform, or submits a price, bid or offer to perform work in construction management or program management whose scope of authority and responsibility includes supervision, oversight, direction, or in any manner assuming charge of the construction services provided to an owner by a contractor or contractors, in which the value of the construction project is:

a. in excess of $50,000 for a commercial construction project must possess a license from this board in the major classification of building construction, heavy construction, highway, street, and bridge construction or municipal and public works construction or

b. in excess of $75,000 for a residential construction project must possess a license from this board in the classification of residential building contractor. Any licensed contractor with any of these major classifications shall be able to bid and perform any such project specified for construction and/or program management within the scope of the classification(s) they hold.

2. If a construction or program manager whose scope of authority and responsibilities does not include any of the above stated tasks, and who does not subcontract actual construction work, that construction or program manager does not need a contractor's license.

B. Any person who violates the provisions of this section may be subject to disciplinary action by the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2150-2192.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Licensing Board for Contractors, LR 41:536 (March 2015), amended, LR 44:2148 (December 2018).

Scope of authority and responsibilities:

  • supervision, the action of supervising someone or something.
  • oversight, the action of overseeing something.
  • direction, the management or guidance of someone or something.
  • assuming charge, taking over responsibility.
  • construction services provided to an owner by a contractor or contractors,

§2170. Exceptions

A. There are excepted from the provisions of this Chapter:

(1) Owners of property who supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or maintenance of their personal residences, provided the homeowner does not build more than one residence per year. The one-year period shall commence on the date of occupancy of the residence. However, an owner of property may build more than one personal residence in a one-year period if the construction of an additional residence occurs as a result of a change in the legal marital status of the owner or change in the employment status of the owner whereby the owner must relocate to another employment location, which is located in excess of fifty miles from his personal residence.

Note: Drafting design details for the owner of the property and providing these designs to the contractor actually tasked to complete the work may not be actually providing oversight or direction. As a draftsman acting on owners requests for changes it would be logical that design changes be conveyed to the contractors and a discussion to verify complete understanding of the design and design changes. This may actually be an added resource for homeowners in need of assistance while not giving any authority related to the actual construction work. 

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