License question for Florida

[Allcom]

I have a couple of out of state companies sending me FA inspection and repair work. So far neither company has responded to my request for a valid EF license to operate in FL. My question is does a company need a license to provide service here if they are using a licensed third party contractor to do the work. My agreement is with the provider out of state and not direct with the recipient of the work. They are handling the billing direct to the customer as well, so they are profiting from this relationship. Secondly I have concerns on the liability this type of relationship creates.

Thanks to anyone with any advice or information regarding this matter.

 

[texie]

I have a couple of out of state companies sending me FA inspection and repair work. So far neither company has responded to my request for a valid EF license to operate in FL. My question is does a company need a license to provide service here if they are using a licensed third party contractor to do the work. My agreement is with the provider out of state and not direct with the recipient of the work. They are handling the billing direct to the customer as well, so they are profiting from this relationship. Secondly I have concerns on the liability this type of relationship creates.

Thanks to anyone with any advice or information regarding this matter.

I don't believe that is a legal arrangement in Florida as they are acting as a contractor even tough they are subbing it to you. As a FL license holder, I'm sure you know how strict they can be.

 

[hurk27]

I don't believe that is a legal arrangement in Florida as they are acting as a contractor even tough they are subbing it to you. As a FL license holder, I'm sure you know how strict they can be.

I don't see how it can be legal, if the out of state contractor is acting like nothing more then a service company but hires local contractors to do the work, look at all the big major store chains, they all have their own contractors who do all the plans layouts and some even have materials they supply to do the job, but they are out of state in most cases and hire local contractors to do the work, there are many national service company's doing this and I do work for a few.

 

[Allcom]

License question for Florida

Thanks Hurk and Texie,

It feels as though my license is being used as a sheild even though perhaps unitentionally. To me it is the equivelent to taking work from qualified companies her ein FL. Hurk, I dont think your analogy is quite right when comparing the companies hiring contractors. At least they are direct as opposed to essentially a third part in this situation. And Texie you are right FL is tough and I dont want to be the recipient of a board meeting for a reprimand and perhaps a fine for being ignorant.

 

[RFM]

The state of Florida requires a license to merely offer a bid and all that would go from that to actually doing the work. Ref: 489.505 Definitions.[FONT=Arial,Arial][FONT=Arial,Arial][FONT=Arial,Arial]--As used in this part:
(9) "Contracting" means, except where exempted in this part, engaging in business as a contractor or performing electrical or alarm work for compensation and includes, but is not limited to, performance of any of the acts found in subsections (2) and (12), which define the services which a contractor is allowed to perform. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure.

As a matter of fact both Lowes and HD possess a contractor license in order to act as a contractor and sell jobs to their customers. There are similar situations in quite a few other states.

As far as any liability, contracting with an unlicensed contractor is considered aiding and abetting an unlawful act and is challenged by the FL contractor board occeasionaly and can lead to suspension or revocation. Ref:


489.533 Disciplinary proceedings(1) The following acts shall constitute grounds for disciplinary actions as provided in subsection (2): (j) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.
  You are wise to ask for a license when subcontracting to another contractor.[/FONT][/FONT][/FONT]