MyFloridaCode.com

Well, to answer the last question, I doubt that an insurance company would necessarily check licensure before issuing a policy.  
 
We would need to know what kind of subcontractor.  If the sub isn’t required to be state licensed ( certified or registered) it may be one of those types that is required in some places, but not others, to have a local license.  Not having a license doesn’t necessarily mean you are unlicensed.
 
However, that said, if a general contractor hires a sub who is unlicensed and according to the state or local authority having jurisdiction who should be licensed, then he is aiding and abetting unlicensed activity. 
 
Even though your original questions weren't about the payment chain, it might be of interest to some to point out that in the scenario I mentioned in the previous sentence, the GC probably could lose lien and payment rights.  The same is not true in the reverse – a sub or supplier who proides to a contractor who is unlicensed is not at risk of losing theirs . That has been fixed with a statuatory glitch bill a few years ago.
 
I also would suppose some of the idemnification language that has circulated through Tallahasse, and appears in most contracts and puchase orders these days would have a bearing on some of this issue.  
 

Wade Mullins

Quality Precast Co.

813.267.8736 

wadem at qualityprecast.com

 


 

From: lhcontracting at tampabay.rr.com
To: codetalk at myfloridacode.com
Date: Fri, 23 Apr 2010 14:56:25 -0400
Subject: [Florida Code Talk] Insurance claim/unlicensed contractor




What are the ramifications? A registered contractor subs to an unlicensed (insured) subcontractor using a contract. A claim arises against the registered contractor for work done on a commercial building. The registered contractor then contacts the unlicensed sub and involves them and his insurance company in the claim. Taking into consideration FS489.128 that this contract would be unenforceable. How would the unlicensed contractors insurance co reply, if it was known they were unlicensed? And why would an insurance company issue insurance to an illegal company? Thanks for the input.
 
 
Robert Harvey
L & H Contracting, Inc.
 		 	   		  
_________________________________________________________________
Hotmail is redefining busy with tools for the New Busy. Get more from your inbox.
http://www.windowslive.com/campaign/thenewbusy?ocid=PID28326::T:WLMTAGL:ON:WL:en-US:WM_HMP:042010_2
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://myfloridacode.com/pipermail/codetalk/attachments/20100426/a89e6dc4/attachment.html