A question for my fellow Floridians on the law - Plumbing Zone

Protech · 07-07-2009, 01:51 PM

I've got a friend of a friend that is doing cell phone tower construction that does not have a Fl general contractors license. He has a general contractor pull permits on then the GC has him listed as a sub-contractor.

To my understanding there are lots of problems with this arrangement ( IE it's illegal).

1st. I believe that it's not legal to subcontract work to a subcontractor if that subcontractor is not a licensed contractor.

2nd. He isn't actually the subcontractor as he holds the prime contract with the land owner and bids the jobs himself. He receives payment directly from the land owner. He then pays a GC a small fee for pulling the permit and listing him as a sub on it.

Somehow he does hold GL insurance and is bonded and has work comp. How would he even obtain those in Fl without a contractor’s license?

Just to be clear, he is NOT being qualified by the GC. The GC just pulls the permits for him.

Is this legal? He swears that it is, but I'm fairly sure it isn't.

I’m going to post this on contractortalk.com as well

TheMaster · 07-07-2009, 02:13 PM

Quote:

Originally Posted by Protech

I've got a friend of a friend that is doing cell phone tower construction that does not have a Fl general contractors license. He has a general contractor pull permits on then the GC has him listed as a sub-contractor.

To my understanding there are lots of problems with this arrangement ( IE it's illegal).

1st. I believe that it's not legal to subcontract work to a subcontractor if that subcontractor is not a licensed contractor.

2nd. He isn't actually the subcontractor as he holds the prime contract with the land owner and bids the jobs himself. He receives payment directly from the land owner. He then pays a GC a small fee for pulling the permit and listing him as a sub on it.

Somehow he does hold GL insurance and is bonded and has work comp. How would he even obtain those in Fl without a contractor’s license?

Just to be clear, he is NOT being qualified by the GC. The GC just pulls the permits for him.

Is this legal? He swears that it is, but I'm fairly sure it isn't.

I’m going to post this on contractortalk.com as well

Your friend cant write a contract for a job that he doesn't pull the permit for. His contract would not be valid. Sounds like this could end up in court quick with everyone losing but the land owner

Protech · 07-07-2009, 02:49 PM

How do you know the law in Florida themaster?

Plasticman · 07-07-2009, 06:03 PM

Sounds to me like the good ole " license leasing" technique.

express · 07-07-2009, 06:57 PM

In Virginia we can't write a contract for more than a $1000.00 if we don't have a license. So if your law is the same he is in violation the minute he signs he's name.

TheMaster · 07-07-2009, 07:15 PM

Quote:

Originally Posted by Protech

How do you know the law in Florida themaster?

A florida lawyer from P'cola

. As he said...everythings legal until a lawyer gets it into court

Then they all get the constipated looks on their face. Florida is also starting to confiscate the vehicles of people who hire prostitutes....for keeps!

So watch it protech...I would hate to see that box van on tv.

TheMaster · 07-07-2009, 07:25 PM

I guess I shouldn't have responded because I'm not a Floridian. However I maybe shortly. I envy the "No state income tax" I dont have children so the state of alabama is raping me 4 times a year and their tool is getting bigger every year.

Proud Plumber · 07-07-2009, 07:32 PM

Quote:

Originally Posted by Protech

I've got a friend of a friend that is doing cell phone tower construction that does not have a Fl general contractors license. He has a general contractor pull permits on then the GC has him listed as a sub-contractor.

To my understanding there are lots of problems with this arrangement ( IE it's illegal).

1st. I believe that it's not legal to subcontract work to a subcontractor if that subcontractor is not a licensed contractor.

2nd. He isn't actually the subcontractor as he holds the prime contract with the land owner and bids the jobs himself. He receives payment directly from the land owner. He then pays a GC a small fee for pulling the permit and listing him as a sub on it.

Somehow he does hold GL insurance and is bonded and has work comp. How would he even obtain those in Fl without a contractor’s license?

Just to be clear, he is NOT being qualified by the GC. The GC just pulls the permits for him.

Is this legal? He swears that it is, but I'm fairly sure it isn't.

I’m going to post this on contractortalk.com as well

100% illegal... the main thing I see that COULD surely cause a snag is who the check made out to. The checks and contract would have to be with the GC. The GC would then have to hire your friend who must also be licensed, insured, and registered with the county or municipality in his particular field of expertise to make that scenario legal. Otherwise it is merely just a paper game. The DBPR would have a field day with that one.

Anyone can buy insurance... Insurance companies will gladly take your money year after year and when life goes wrong IE a screw up that falls back on your insurance, the insurance company can then say. "Hey buddy! you weren't licensed! CLAIM DENIED

When I started in business 10 years ago it was simply bathtub repairs at the begining and I was still able to carry the same liability I carry today holding CBC and CFC. I will verify with my wife (aka the boss) But I do not think our liability carrier has ever asked for a copy of licensing. They simply ask for description of services performed. I hope this helps, feel free to pm and I will try to remeber where in the Florida Contractors Manual the exact verbage is, it has been a couple of years since I took my building test.

Protech · 07-07-2009, 07:39 PM

Yep, thats what I said.

Quote:

Originally Posted by Proud Plumber

100% illegal... the main thing I see that COULD surely cause a snag is who the check made out to. The checks and contract would have to be with the GC. The GC would then have to hire your friend who must also be licensed, insured, and registered with the county or municipality in his particular field of expertise to make that scenario legal. Otherwise it is merely just a paper game. The DBPR would have a field day with that one.

Anyone can buy insurance... Insurance companies will gladly take your money year after year and when life goes wrong IE a screw up that falls back on your insurance, the insurance company can then say. "Hey buddy! you weren't licensed! CLAIM DENIED

When I started in business 10 years ago it was simply bathtub repairs at the begining and I was still able to carry the same liability I carry today holding CBC and CFC. I will verify with my wife (aka the boss) But I do not think our liability carrier has ever asked for a copy of licensing. They simply ask for description of services performed. I hope this helps, feel free to pm and I will try to remeber where in the Florida Contractors Manual the exact verbage is, it has been a couple of years since I took my building test.

TheMaster · 07-07-2009, 07:53 PM

Quote:

Originally Posted by Proud Plumber

100% illegal... the main thing I see that COULD surely cause a snag is who the check made out to. The checks and contract would have to be with the GC. The GC would then have to hire your friend who must also be licensed, insured, and registered with the county or municipality in his particular field of expertise to make that scenario legal. Otherwise it is merely just a paper game. The DBPR would have a field day with that one.

Anyone can buy insurance... Insurance companies will gladly take your money year after year and when life goes wrong IE a screw up that falls back on your insurance, the insurance company can then say. "Hey buddy! you weren't licensed! CLAIM DENIED

The claim wouldn't be denied. The insurance company would pay the claim. Then they would drop you and sue you for the money back. If you didn't have G.L. insurance,then your bond would pay and then sue you for their money back. Bottom line is two partys cannot makie a contract invovling 3 party's unless all party's are aware 3 party's are entering into the contract.......and I'd say the guy buying the permit is in it atleast azz deep at this point since he's listed as the contractor whos doing the job as far as the state is concerned.

07-07-2009, 01:51 PM	#1
Protech ٩(͡๏̯͡๏)۶ Join Date: Sep 2008 Location: Polk County, Florida Posts: 7,167 My Photos	A question for my fellow Floridians on the law I've got a friend of a friend that is doing cell phone tower construction that does not have a Fl general contractors license. He has a general contractor pull permits on then the GC has him listed as a sub-contractor. To my understanding there are lots of problems with this arrangement ( IE it's illegal). 1st. I believe that it's not legal to subcontract work to a subcontractor if that subcontractor is not a licensed contractor. 2nd. He isn't actually the subcontractor as he holds the prime contract with the land owner and bids the jobs himself. He receives payment directly from the land owner. He then pays a GC a small fee for pulling the permit and listing him as a sub on it. Somehow he does hold GL insurance and is bonded and has work comp. How would he even obtain those in Fl without a contractor’s license? Just to be clear, he is NOT being qualified by the GC. The GC just pulls the permits for him. Is this legal? He swears that it is, but I'm fairly sure it isn't. I’m going to post this on contractortalk.com as well __________________ Plumber, Repiping, Replumbing, Leak Detection, Solar Water Heater, Drain Cleaner, Pipe Leak, Polk County Plumber, Lakeland Plumber, Winter Haven Plumber, Haines City Plumber, Bartow Plumber

07-07-2009, 02:49 PM	#3
Protech ٩(͡๏̯͡๏)۶ Join Date: Sep 2008 Location: Polk County, Florida Posts: 7,167 My Photos	How do you know the law in Florida themaster? __________________ Plumber, Repiping, Replumbing, Leak Detection, Solar Water Heater, Drain Cleaner, Pipe Leak, Polk County Plumber, Lakeland Plumber, Winter Haven Plumber, Haines City Plumber, Bartow Plumber

07-07-2009, 06:03 PM	#4
Plasticman new nickname:Quaker State Join Date: Oct 2008 Location: Tallahassee, Florida Posts: 1,204 My Photos	Sounds to me like the good ole " license leasing" technique. __________________ Anytime you have a 50-50 chance of getting something right, there's a 90% probability you'll get it wrong.

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07-07-2009, 06:57 PM	#5
express Senior Member Join Date: Nov 2008 Posts: 250 My Photos	In Virginia we can't write a contract for more than a $1000.00 if we don't have a license. So if your law is the same he is in violation the minute he signs he's name.

07-07-2009, 07:25 PM	#7
TheMaster Registered Member Join Date: Jun 2009 Posts: 6,437 My Photos	I guess I shouldn't have responded because I'm not a Floridian. However I maybe shortly. I envy the "No state income tax" I dont have children so the state of alabama is raping me 4 times a year and their tool is getting bigger every year.