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Discussion Starter · #1 ·
Hello,

I have been a remodeling/ carpentry contractor for 9 years.

  • I have recently became a residential GC. I havesome questions regarding bidding jobs and writing contracts. in my locale I am NOT allowed to do any plumbing or electrical work. but as far as I know GCS bidJobs including electrical plumbing or H vac work.

    I just want to make sure if it's legal and legit to bid a project that includes the electrical and plumbing work . while hiring licensed subcontractors to do said work.

    if it is legal and legit the concern that I have is with the lien laws. lien laws in the state of Florida state that it is only enforceable for work that you are licensed to do. so basically I'm a little confused and looking for someone that can clear things up for me.

    I really appreciate any advice that you gave me.

    thank you
 

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Hello,

I have been a remodeling/ carpentry contractor for 9 years.

  • I have recently became a residential GC. I havesome questions regarding bidding jobs and writing contracts. in my locale I am NOT allowed to do any plumbing or electrical work. but as far as I know GCS bidJobs including electrical plumbing or H vac work.

    I just want to make sure if it's legal and legit to bid a project that includes the electrical and plumbing work . while hiring licensed subcontractors to do said work.

    if it is legal and legit the concern that I have is with the lien laws. lien laws in the state of Florida state that it is only enforceable for work that you are licensed to do. so basically I'm a little confused and looking for someone that can clear things up for me.

    I really appreciate any advice that you gave me.

    thank you

  • In what scenario does that lien law cause trouble for you or for the plumber?
 

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Discussion Starter · #3 ·
Thank you for your responce sir. Lets say i make a contract with a customer and it includes all phases of a remodeling project. (plumbing, ac, electric) i sub out and pay the subs. If there is ever an issue with recieving payment im trying to figure out if i can enforce a lien. Do you know the answer to this? If you do i would be thankful for your advice. If not have a nice day sir.
 

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Thank you for your responce sir. Lets say i make a contract with a customer and it includes all phases of a remodeling project. (plumbing, ac, electric) i sub out and pay the subs. If there is ever an issue with recieving payment im trying to figure out if i can enforce a lien. Do you know the answer to this? If you do i would be thankful for your advice. If not have a nice day sir.
Beware: Amateur Lawyer at work! What follows is just my opinion, for which I have been paid nothing:
Here is the relevant section of Florida's lien law:
//////////////////////
713.05 Liens of persons in privity.—A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract.
/////////////////////
Subcontracted work falls into that category, doesn't it?

Talk to an attorney in Florida, as any advice you get here is worth what you paid for it.
 

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Beware: Amateur Lawyer at work! What follows is just my opinion, for which I have been paid nothing:
Here is the relevant section of Florida's lien law:
//////////////////////
713.05 Liens of persons in privity.—A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract.
/////////////////////
Subcontracted work falls into that category, doesn't it?

Talk to an attorney in Florida, as any advice you get here is worth what you paid for it.
Carpenter Cram, Esq...barrister extraordinaire...:whistling:thumbsup:
 

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In California, and maybe other states a general contractor is required to do three trades and you can do the work yourself (which I am against), or sub the work and the general contractor can file a lien on the job for any of the trades that were performed in his contract. So, in essence you are licensed to do the plumbing on your job, but you cannot do a job that is only for plumbing. In California, I don't believe the general contractor can obtain the plumbing permits, but, strangely, a general can obtain electrical permits.
 

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California GC's can pull the plumbing and electrical permits if it's a 3-trade job.
Strictly speaking permits are the AHJ's business, rather than the state's, but as the state allows generals to do the work on 3-trade jobs I don't know how or why an AHJ would prevent a general from pulling permits.
 

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Yea here in fl the gc is not supposed to do any plumbing, electrical, or hvac. Seperate permits need to be pulled by said trades.

And i read a section of lien law that said individuals not licensed to perform the work have no lien rights.
Back to playing lawyer: which section did you read? If you're concerned about this, you should talk to an attorney.
 

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Discussion Starter · #15 ·
Title ***II
REGULATION OF PROFESSIONS
AND OCCUPATIONS

Chapter 489
CONTRACTING

Entire Chapter

SECTION 128
Contracts entered into by
unlicensed contractors
unenforceable.

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Home > Laws > 2011 Florida Statutes > Title ***II > Chapter
489 > Section 128
2011 Florida Statutes

489.128 Contracts entered into by unlicensed
contractors unenforceable.—(1) As a matter of public policy, contracts
entered into on or after October 1, 1990, by an
unlicensed contractor shall be unenforceable in law
or in equity by the unlicensed contractor.
(a) For purposes of this section, an individual is
unlicensed if the individual does not have a license
required by this part concerning the scope of the
work to be performed under the contract. A
business organization is unlicensed if the business
organization does not have a primary or secondary
qualifying agent in accordance with this part
concerning the scope of the work to be performed
under the contract. For purposes of this section, if a
state license is not required for the scope of work
to be performed under the contract, the individual
performing that work is not considered unlicensed.
(b) For purposes of this section, an individual
or business organization may not be considered
unlicensed for failing to have a business tax receipt
issued under the authority of chapter 205.
(c) For purposes of this section, a contractor
shall be considered unlicensed only if the
contractor was unlicensed on the effective date of
the original contract for the work, if stated therein,
or, if not stated, the date the last party to the
contract executed it, if stated therein. If the contract
does not establish such a date, the contractor shall
be considered unlicensed only if the contractor was
unlicensed on the first date upon which the
contractor provided labor, services, or materials
under the contract.
(2) Notwithstanding any other provision of law
to the contrary, if a contract is rendered
unenforceable under this section, no lien or bond
claim shall exist in favor of the unlicensed
contractor for any labor, services, or materials
provided under the contract or any amendment
thereto.
(3) This section shall not affect the rights of
parties other than the unlicensed contractor to
enforce contract, lien, or bond remedies. This
section shall not affect the obligations of a surety
that has provided a bond on behalf of an
unlicensed contractor. It shall not be a defense to
any claim on a bond or indemnity agreement that
the principal or indemnitor is unlicensed for
purposes of this section.
History.—s. 30, ch. 90-228; s. 11, ch. 91-201; s. 4, ch. 91-

429; s. 17, ch. 93-166; s. 486, ch. 97-103; s. 35, ch. 2000-

372; s. 1, ch. 2003-257; s. 2, ch. 2006-154; s. 118, ch. 2007-

5; ss. 33, 34, ch. 2009-195.
 
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