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A question for my fellow Floridians on the law

3444 Views 14 Replies 7 Participants Last post by  CF Construction
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.
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if I hire subcontractors without a license, I would be aiding and abetting an unlicensed contractor.

BINGO.........and it's just that simple.....
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You are correct about unlicensed contractors, but Florida does arrest and charge people for unlicensed contracting, it just doesn't happen often enough.

In Tampa the city has 3 detectives that work on unlicensed contracting activities, but they go after the bigger jobs because the smaller ones aren't worth the time and a they said 70% or more of the time the homeowner knows the contractor is unlicensed, but they don't care, until the job goes south or the unlicensed contractor steals from them, I think they should start arresting the homeowners as well as the unlicensed contractors.

No state is going to arrest a homeowner for hiring an unlicensed contractor, just not going to happen. Your doing good, if you can get them to go after the unlicensed contractor, but the homeowner, never......
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