Out-of-State Roofer Bids an Oklahoma Job Without CIB Registration
A homeowner in Broken Arrow receives a bid of $28,500 to replace a hail-damaged roof. The contractor is based in Dallas, shows a Texas roofing license, and says Oklahoma registration is unnecessary because the work is 'just one job.' The certificate of insurance lists $300,000 general liability; the crew includes six workers, and the contractor plans to use a local subcontractor for tear-off. The bid does not name the subcontractor. The homeowner has already paid $5,000 and work is scheduled for Monday. The contractor has no Oklahoma Construction Industries Board registration number on the bid, truck, or contract. The homeowner calls you, a registered Oklahoma roofing contractor, asking whether the contract is enforceable and what should happen before work begins.
1. May the Texas contractor legally contract for and perform this Oklahoma roofing job? Explain the registration trigger and the effect of the Texas license.
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No. Oklahoma's Roofing Contractor Registration Act requires a roofing contractor to register with the Construction Industries Board before offering, bidding, or performing roofing work in the state. A Texas license is not reciprocal and does not satisfy the Oklahoma requirement. The bid itself is evidence of offering to perform regulated work without registration. The local subcontractor must also be registered; a registered contractor cannot lend its number to an unregistered entity. The contract is not automatically void in every situation, but an unregistered contractor can face CIB enforcement, and the homeowner may have defenses to payment and lien claims. The practical answer is that the contractor should not start Monday; the homeowner should require a CIB registration number and verify it before allowing work or paying more.
2. What registration, insurance, and workforce items should the homeowner verify before any work begins?
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Verify (1) active CIB roofing contractor registration for the prime contractor and the tear-off subcontractor, including the registration number on the contract and bid; (2) general liability insurance at the statutory minimum - the $300,000 certificate is below the $500,000 per-occurrence limit commonly required, so do not assume it qualifies; (3) workers' compensation coverage for the six workers or a valid exemption, because Oklahoma requires coverage for employees; (4) the subcontractor's own insurance and registration; and (5) permit and inspection responsibility. Ask for certificates made out to the homeowner or with the homeowner as certificate holder, and confirm coverage dates. The homeowner should not rely on a license from another state or on a certificate that does not name the insured entity correctly.
3. If the homeowner lets the unregistered contractor proceed, what risks arise and what should she do now?
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Risks include: the contractor may be stopped by the local building department; the homeowner may lose leverage if defects appear because the contractor has no Oklahoma registration to complain against; lien rights and contract enforceability can be contested; and the homeowner may have to pay twice to correct work. The $5,000 already paid may be difficult to recover. The homeowner should document everything, request a refund in writing, file a complaint with the CIB if work is performed or solicited without registration, and hire a registered contractor. If the contractor files a lien, the homeowner should consult an attorney and verify whether the contractor complied with Oklahoma lien and registration requirements. Do not let work begin while the registration and insurance gaps are unresolved.