License use.....

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chevyx92

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VA BCH, VA
Is it legally possible to let someone else get a business name and work off your masters license without you being held accountable for anything? If a letter was sumbitted saying that they would be 100% responsible not you, you would have 0% liability? This was a topic of discussion today with a co-worker and I said the owner of the license would still be held accountable if something happened. What do you guys think?
 
chevyx92 said:
Is it legally possible to let someone else get a business name and work off your masters lisence without you being held accountable for anything? If a letter was sumbitted saying that they would be 100% responsible not you, you would have 0% liability? This was a topic of discussion today with a co-worker and I said the owner of the lisence would still be held accountable if something happened. What do you guys think?
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Everyone involved would get sued... At least in todays world.
 
That sort of arrangement would be flatly illegal in the jurisdictions where I am licensed. I understand this is quite common in Florida, however. They call the licensed person a "qualifier". There's no way in the world I'd ever want to be part of such an arrangement. I bet that the guys who are have insurance out the wazoo.
 
Here the name on the license has to match the name of the business, that pretty much limits one license number to one business.
 
Are you talking about civil or criminal liability? You could ( I guess) get a company to asssume all civil cost and legal fees but I have never herd of anyway that you can let anyone assume responsibility for a criminal charge.

I think that as the license holder you would be responsible for any criminal charges ( gross negligence resulting in injury or death ). I think the only thing the company could do is provide you with a good lawyer.


This is just an opinion. As they say it's best to consult an attorney and pay for an opinion. :grin:
 
In CA there are laws against this. Allowing someone to just use your license is fraud. That said you can be the qualifying individual for a company - but you would still be tied to it legally as a responsible member. RMO or RME... I think you may also have to have 10% in ownership in some cases...
 
around here that would be illegal, why would anybody who worked hard to get a license take a chance like that
 
mdshunk said:
I understand this is quite common in Florida, however. They call the licensed person a "qualifier".
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Not true. This arrangement would also be illegal here in Florida.

All primary qualifying agents are jointly and equally responsible for supervision of all operations of the business; including financial, and all field work at all sites. Primary qualifying agents must be an officer or a supervising employee of the business.

See the F.S. 489 rules for qualifing additional businesses.
 
bphgravity said:
Not true. This arrangement would also be illegal here in Florida.
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Then I guess they need to police that a little better down there. I'm on a board where guy regularly come on and advertise their "rates" as a Florida qualifier. Florida seems to be the most popular state where such offers come from, in my observation.
 
In Florida, the "qualifier" must have 10% ownership in the company and is legally and monetarily responsible. Been there, done that.
 
I don't know about other states but here in sunny california (although its raining at the moment) You have to have your license number on everything that has your name on it also. Business cards , ads , truck , what ever. I always get a kick out of someone comming up to me with a business card with no license number on it and saying "my brother has the license and I use his number".
 
acrwc10 said:
I don't know about other states but here in sunny california (although its raining at the moment) You have to have your license number on everything that has your name on it also. Business cards , ads , truck , what ever. I always get a kick out of someone comming up to me with a business card with no license number on it and saying "my brother has the license and I use his number".
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Same here in Connecticut, you could actually get fined for not having your license # on anything business related, Faxes, Trucks, etc...
 
In South Carolina, I am licensed under the Residential Builders Commission (Licensed Residential Builder, Licensed Residential Electrician, Licensed Residential Plumber). If I let someone use any of my licenses, it is 100% my baby. Plus if caught, I can lose my licenses.

In addition, if a permit is pulled in a city (not county) you have to have a business license. Any permits are recorded and the numbers better jive at renewal time or the old city audit team pays you a visit.

c2500
 
here in the frigid northland we can be the signing master for the company and not own it..But you can only use your license for one employer and only do electrical work for that company..you are responsible to the state for the work being done correctly..If you are not doing the job and the state fines you the company pays but if you get caught screwing up twice they put you on probation not the company you work for..but the company you work for would assume the financial liability for it..You are responsible to the State for ensuring the parameters of the license are up held..So I guess in the long run you can not escape responsibility..I am the signing master for the company I work for and am just an employee..I like managing the work and not managing the company..here you are also required to display your license number so it can be easily read..Here they even have a minimum letter and number size for your vehicles..
 
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cschmid said:
have a minimum letter and number size for your vehicles...
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In tulsa it's 2" minimum height on the name and lic. number. Not sure what the state requires, if anything. That's about all I can contribute. ;) :confused:
 
cschmid said:
here in the frigid northland we can be the signing master for the company and not own it..But you can only use your license for one employer and only do electrical work for that company..you are responsible to the state for the work being done correctly..If you are not doing the job and the state fines you the company pays but if you get caught screwing up twice they put you on probation not the company you work for..but the company you work for would assume the financial liability for it..You are responsible to the State for ensuring the parameters of the license are up held..So I guess in the long run you can not escape responsibility..I am the signing master for the company I work for and am just an employee..I like managing the work and not managing the company..here you are also required to display your license number so it can be easily read..Here they even have a minimum letter and number size for your vehicles..
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This makes a lot of sense to me as it is a common condition that a good technician makes a poor business man , and a good business man makes a poor technician.
Now "They" also say, Those who can Do , and those who can't teach.
And what they say about me would just get deleted from the post anyhow so why bother writing it.:D :D
 
Its a big joke in Florida.You find a master with nothing to loose and sent him a check for -----.He might require you to carry a huge policy to cover his ---.
What do you really think liget companies do ? They hire 50 plus electricians and hope nothing goes wrong.If its mayjor they get sued and plaintiff gets judgement.Company owns almost nothing.Trucks and building are leased (from owner)all tools are worker owned.Judgements are worth nothing.Most suppliers want personal liability above the corporate level.I been there ,done that and rental licence is only about a grand a week,i rented one for average of 200 It's why wages are so low in Fl.We do not require any licensed workers just one master for any amount of work.Yep Florida is a big joke.
 
Jim W in Tampa said:
It's why wages are so low in Fl.We do not require any licensed workers just one master for any amount of work.Yep Florida is a big joke.
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You've obviously never worked in south GA. :D They're scary low.

Also, in GA, if you are the qualifying agent, you must have a "majority" of financial and business responsibilities. As for printing your license number, I've only found that requirement to be for conditioned air contractors; but I put mine on business cards and advertisements anyway.
 
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