MyFloridaCode.com

The general contractor is responsible for the primary building construction.
Either the general, or the owner, can hire (contract) the required subs, who
all reference the prime permit number for their individual permits.  There
is nothing I am aware of to prevent this, as you pointed out, as the owner
is allowed to hire anyone.  The owner is not the contractor, and the permit
is not in his name. So he is not acting as the contractor, but only
establishing the contractual relationships for the licensed contractors and
subcontractors.  Instead of having all the subcontracts go through the
general, which is normal. I don¹t see a problem here.

There is, however, the ultimate problem of disputes and coordination.  If
the subs are not contracted directly with the general, there is a
possibility for coordination problems which, if the subcontracts are not
written properly, could hold the owner responsible for coordinating the subs
with the general.  But that is a contractual relationship, not a code
relationship.

My humble opinion.





From: Sam Nasser <bnasser at cfl.rr.com>
Date: Sat, 13 Feb 2010 10:36:29 -0500
To: <codetalk at myfloridacode.com>
Subject: [Florida Code Talk] Is the owner of a commercial project allowed to
subcontract to various contractors?

The terminated electrical contractor filed a complaint with DBPR against the
owner accusing him of practicing as a contractor without a license.
 
The commercial project has a contractor who pulled the permit and manages
the project on DAILY basis and the owner is appointed by the contractor as
the project manager. The owner signed the work contract with the terminated
electrical contractor and paid him directly in coordination with and under
supervision of the contractor.
 
DBPR stated "By subcontracting to the electrical contractor, owner may be
practicing as a contractor without a license..."
 
Multiple prime contracts in chapter 8 of the contractor manual, allows the
owner to directly contract with specialized trades such as electrical,
plumbing, HVAC, etc., etc., and also to coordinate the work of the various
contractors... 
 
Opinions please.
 


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