Licensing and Regulatory Compliance

Paul Berning developed a 50-state expertise in contractor licensing, design professional registration, design-build licensing and related regulatory matters in response to client needs as part of his construction law practice. He has assisted both new entrants and existing participants in the construction and design industry with regulatory compliance.
New Entrants:
Many new entrants are companies that historically have sold goods, developed technology or provided consulting services but now wish to expand their offerings – often in response to customer requests for services on a turnkey basis. By contracting to provide design or installation services in addition to their usual offerings, these companies may find themselves subject to licensing and regulatory requirements that they had not previously encountered.
Other new entrants include international engineering and construction companies that want to enter the U.S. market and start-ups in these industries.
New entrants typically are concerned about which of their activities trigger the widely varying state regulatory requirements so they can make informed decisions about whether to limit their activities or to obtain licenses. If they choose to expand into areas requiring licensure, they often need assistance with initial compliance and in setting up ongoing internal compliance systems.
Existing Participants:
Companies already providing design and construction services need assistance from time to time in compliance with complex or unusual regulatory requirements; streamlining or improving their internal compliance systems; and responding to regulatory complaints and disciplinary actions against them.
Related Regulations:
Mr. Berning also has worked with design professionals, code consultants and other technical experts on issues arising from building codes and statutes regulating particular aspects of construction, such as modular buildings.

Licensing and Regulatory Experience

  • Representing a building materials manufacturer in obtaining a favorable ruling from contractor licensing regulators that facilitated use of the manufacturer’s product.
  • Advising design and construction firms on options for business structures that comply with design professional and contractor license laws.
  • Assisting retailers, technology providers and global equipment manufacturers with regulatory compliance as they expanded their offerings to include turnkey contracts for design and construction, including assistance with obtaining necessary licenses.
  • Advising an engineering and construction company with operations across the United States on licensing and regulatory issues arising from LLC conversions.
  • Defending contractors against complaints to licensing agencies and defending against a license bond claim.
  • Advising an industrial contractor on compliance with asbestos licensing laws.
  • Advising a solar panel contractor on compliance with home improvement laws.
  • Advising energy management and energy conservation companies as they expanded from consulting and sale of products into design and construction.
  • Assisting a distributor of building materials in resolving regulatory and licensing sanctions against an employee.
  • Assisting international construction companies and design firms in obtaining licenses and with regulatory compliance as they entered the U.S. market.
  • Analyzing the reach and applicability of design professional and contractor licensing laws to help clients develop and refine business plans.
  • Advising equipment manufacturers and lessors on the scope of contractor licensing laws.
  • Advising a contractor on the effect of a bankruptcy filing on relations with a licensing authority.
  • Helping contractors and design firms comply with state, county and city license laws, establish systems to facilitate compliance and streamline operations to ease compliance burdens.
  • Representing a contractor being prosecuted for manslaughter after a jobsite death.