Storm contractor rules in Virginia: the anti-price gouging act names tree removal, plus the contractor licence classes

This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Unlike the Texas and Tennessee pages, the sources here are the statute sections themselves, read on the Virginia Law website.

The sections in one table

Section	What it says
59.1-526, Definitions	A disaster is a disaster, emergency or major disaster under section 44-146.16 that results in a state of emergency declared by the Governor or the President. The list of necessary goods and services includes "tree removal supplies and services", building materials and services, and property or services for emergency cleanup
59.1-527, Prohibitions	During a disaster it is unlawful for a supplier to sell, lease or license, or offer to, any necessary goods and services at an unconscionable price within the area of the declared emergency. Actual sales at the increased price are not required
59.1-529, Enforcement	A violation is a prohibited practice under section 59.1-200 and is subject to the enforcement provisions of Chapter 17 of Title 59.1. The section says it creates no private cause of action for a person aggrieved by a violation
59.1-529.1, Emergency orders	The Governor can issue an emergency order for a period not to exceed 30 days, without hearing, directing a supplier to reduce a price to the prevailing local price
54.1-1100 and 54.1-1103, Contractors	Three licence classes by contract value. No person may engage in or offer to engage in contracting work in Virginia without a licence under the chapter

Price gouging and tree work

The Virginia list is one of the few that names the trade. Section 59.1-526 lists tree removal supplies and services among the necessary goods and services, next to emergency cleanup, building materials and services, freight and storage. A good or service qualifies if consumer demand does, or is likely to, rise because of the disaster.

Section 59.1-527 lists four things considered when deciding whether a price is unconscionable. The first two compare the price with the supplier's own price for the same or similar goods or services in the 10 days before the disaster, and with the price readily obtainable by buyers in the trade area in those 10 days. The third and fourth look at whether the increase came solely from added costs of the supplier or from a regular seasonal or holiday adjustment. Proof of added costs, or of a regular seasonal increase, is called prima facie evidence that the increase was not unconscionable.

Enforcement and emergency orders

Section 59.1-529 treats a violation as a prohibited practice under the state's consumer protection act. Section 59.1-529.1 lets the Governor act where a price presents an imminent and substantial danger to the public welfare by creating public panic. The order is limited to 30 days, goes to the supplier by certified mail and personal delivery, and the evidence behind it, including the names of the complainant and the subject, is to stay confidential. If the supplier does not comply, the Governor notifies the Attorney General.

Contractor licence classes

Section 54.1-1100 defines Class C work as a single contract over US$1,000 but under US$30,000, or a 12-month total under US$250,000. Class B covers a single contract from US$30,000 to under US$150,000, or a 12-month total from US$250,000 to under US$1 million. Class A covers US$150,000 or more for a single contract, or US$1 million or more across any 12-month period. Section 54.1-1103 states that no person shall engage in or offer to engage in contracting work in the Commonwealth without a licence.

The definition of contractor refers to the construction, removal, repair or improvement of a building or structure, or other improvements to real property. It does not use the words tree work, tree removal or arborist, so these sections do not say whether a tree service counts. How other states treat tree work is on the page about contractor licences for tree work.