MyFloridaCode.com

The electrical work as well as some of the framing is what I would call hack work, why won't the inspectors require it to be corrected by licensed contractors with a permit?
 
What is the point in having codes and requiring licenses and permits when the inspectors will not enforce the requirements?
 
Bret Walley
CBC059520
CAC1816055

--- On Mon, 4/26/10, codetalk-request at myfloridacode.com <codetalk-request at myfloridacode.com> wrote:


From: codetalk-request at myfloridacode.com <codetalk-request at myfloridacode.com>
Subject: CodeTalk Digest, Vol 56, Issue 31
To: codetalk at myfloridacode.com
Date: Monday, April 26, 2010, 1:04 PM


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Today's Topics:

   1. Re: Insurance claim/unlicensed contractor (Bob Koning)
   2. Concrete footer (mark martin)


----------------------------------------------------------------------

Message: 1
Date: Mon, 26 Apr 2010 12:40:05 -0400
From: "Bob Koning" <Bob at ContractorsInstitute.com>
Subject: Re: [Florida Code Talk] Insurance claim/unlicensed contractor
To: "L&H Contracting, Inc." <lhcontracting at tampabay.rr.com>,
    <codetalk at myfloridacode.com>
Message-ID:
    <DF3E330A92E8DB46B82D104B79FC3BBF294E4F at mailbox.hudson.koning.com>
Content-Type: text/plain; charset="us-ascii"

Robert, I am not a lawyer so this should not be construed as legal or
official advice. If you are involved in such a matter, you should seek
competent counsel immediately. However as to your question, you said
that a registered contractor subbed to an unlicensed contractor. There
are miles of information missing in your post but I will say there are
two exceptions in Florida statute 489 whereby licensed contractors
(Division I) may subcontract to unlicensed contractors legally provided
the Division I contractor affirms that he or she is supervising them.
Therefore an unlicensed contractor may perform contractor will work
legally if it properly falls into one of these categories.



As for the insurance, how can an insurance company require mandatory
licensure when our statute itself does not require mandatory licensure
for all categories? And insurance policy is essentially contract. It can
be entered into by a licensed or an unlicensed contractor without
affecting the bases of the agreement absent some exclusion for
nonlicensed coverage.



That is all I can answer with the information that you have provided. I
can tell you that it is very common for insurance companies to provide
initial defense coverage to contractors when they are not properly
licensed (even in cases of Division I and Division II contractors that
clearly should be licensed under the law) but whether or not they
ultimately indemnify the insured is another matter entirely.





R.J.Koning - Director

Contractors Institute

rjkoning at contractorsinstitute.com
<mailto:rjkoning at contractorsinstitute.com> 

8301 Joliet Street

Hudson, Fl 34667

727-863-5147





From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of L&H
Contracting, Inc.
Sent: Friday, April 23, 2010 2:56 PM
To: codetalk at myfloridacode.com
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.

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Message: 2
Date: Wed, 21 Apr 2010 18:47:05 -0400
From: mark martin <mark.martin.inspect at gmail.com>
Subject: [Florida Code Talk] Concrete footer
To: codetalk at myfloridacode.com
Message-ID:
    <u2k112276531004211547vb69c62e6k1af65d29ad05ec54 at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

I agree this needs to be corrected, but I'm not so sure the municipality
shares our view. This builder has been given a green light to do whatever he
desires, whether it violates the code or not. It seems if you have the right
friends in high places, you are above the law. At this point, the
municipality has known about this (concrete wall) violation, and many
others for months and has done nothing to correct it. The construction has
been allowed to proceed unabated, even with a Cease and Desist letter issued
by the DBPR. The city attorney has been informed and a file containing
dozens of other violations have been in their hands without any action. I am
enclosing a file of just electrical items we noted on our report to the city
attorney.  *In spite of this documentation, the owner was allowed to drywall
without correcting any of the items shown in these pictures, without an
electrical rough inspection approval prior to allowing a framing inspection*
*and without completing a required plan revision !*
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