MyFloridaCode.com

I'm sorry, Bret, I don't understand what you are asking. Inspectors do
enforce the permit provisions, they cannot however "make or change law"
If we want that fixed (and we should) then we need to go to our
lawmakers.

 

 

R.J.Koning - Director

Contractors Institute

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 Bret
Sent: Monday, April 26, 2010 1:28 PM
To: codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] CodeTalk Digest, Vol 56, Issue 31

 

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
<http://us.mc453.mail.yahoo.com/mc/compose?to=Bob@ContractorsInstitute.c
om> >
	Subject: Re: [Florida Code Talk] Insurance claim/unlicensed
contractor
	To: "L&H Contracting, Inc." <lhcontracting at tampabay.rr.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=lhcontracting@tampabay.rr.
com> >,
	    <codetalk at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk@myfloridacode.com
> >
	Message-ID:
	
<DF3E330A92E8DB46B82D104B79FC3BBF294E4F at mailbox.hudson.koning.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=DF3E330A92E8DB46B82D104B79
FC3BBF294E4F 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
<http://us.mc453.mail.yahoo.com/mc/compose?to=rjkoning@contractorsinstit
ute.com> 
	<mailto:rjkoning at contractorsinstitute.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=rjkoning@contractorsinstit
ute.com> > 
	
	8301 Joliet Street
	
	Hudson, Fl 34667
	
	727-863-5147
	
	
	
	
	
	From: codetalk-bounces at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk-bounces@myflorida
code.com> 
	[mailto:codetalk-bounces at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk-bounces@myflorida
code.com> ] On Behalf Of L&H
	Contracting, Inc.
	Sent: Friday, April 23, 2010 2:56 PM
	To: codetalk at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk@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
<http://us.mc453.mail.yahoo.com/mc/compose?to=mark.martin.inspect@gmail.
com> >
	Subject: [Florida Code Talk] Concrete footer
	To: codetalk at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk@myfloridacode.com
> 
	Message-ID:
	
<u2k112276531004211547vb69c62e6k1af65d29ad05ec54 at mail.gmail.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=u2k112276531004211547vb69c
62e6k1af65d29ad05ec54 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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	End of CodeTalk Digest, Vol 56, Issue 31
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