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Tom,

  Can you clarify what you meant below by,  “if one of the 3 are missing then the lien rights are forfeited.”

 

Thanks,

 

Ken

 

From: codetalk-bounces at myfloridacode.com [mailto:codetalk-bounces at myfloridacode.com] On Behalf Of WR290 at aol.com
Sent: Monday, May 10, 2010 7:40 PM
To: wlm754 at msn.com; ken at artisanbilt.com; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements

 

Thank-you Wade for clarifying. The same applies to an unlicensed contractor, provided the local government has no classification of that license, like tile work. This is not the same as an unlicensed activity.

 

Tom Ricci

954-214-4448

 

 

 

In a message dated 5/10/2010 2:28:37 P.M. Eastern Daylight Time, wlm754 at msn.com writes:

I know this is not directley answering the original question asked, but I did want to address Tom's comments.
 
The 2003 Florida Legialture amended F.S.S. 489, and the 2005 Florida Legislature ameneded F.S.S. 713.02 tp provide that those supplying labor, services, or materials to an unlicenseced contractor may still enforce their contract, lien, or bond remedies. See sections 489.128(3), 498.532(3), and 713.02(7). Thus, subcontractors and material suppliers in contract with an unlicensed contractor can enforce liens and payment bonds.
 
Wade Mullins
Quality Precast Co.

 


  _____  


From: WR290 at aol.com
Date: Sun, 9 May 2010 14:06:43 -0400
To: Ken at artisanbilt.com; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements




Ken

 

If the discipline,  is not under DBPR and is not covered as a local county licensing requirement as in Orange county ( Orlando ) , but the entitie/person does have a business tax receipt as doing business legally in that county, then there lien rights are OK. If one of the 3 are missing then the lien rights are forfieted.

 

Tom Ricci

 

 

 

In a message dated 5/9/2010 1:23:22 P.M. Eastern Daylight Time, Ken at artisanbilt.com writes:

Thanks for all the great inputs on this subject thus far.  However, I’m specifically looking for info regarding those trades that are NOT covered under the DBPR.  In my example below, the tile guy is not governed under DBPR.  So, I’m looking for specific information on the repercussions of, for example, a tile guy working without insurance (or WC or a tax receipt)?  I know that if I cannot produce evidence of WC and liability for each of my subs when I get my insurance audit each year then I am charged for carrying them on my policy.  If that’s the case then there should be something in writing somewhere that says you have to have liability, WC, etc to do this type of work even though they don’t fall under the DBPR.

 

From: codetalk-bounces at myfloridacode.com [mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Ken Rodgers
Sent: Thursday, May 06, 2010 7:20 PM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] License, Insurance & WC requirements

 

Evening all,

  It seems like recently there are a lot more guys out there doing work without a license, insurance and worker’s comp (insurance or exemption).  For clarification, when I say license I’m mainly referring to the local business tax receipt.  Many of these guys know full well they are operating illegally but some seem to think that as long as they are working for “just a homeowner” they don’t need some or all of these.  I’ve heard things like, “I’m just going at my own risk” with regards to not having insurance.  One guy I ran into recently who was laying tile tried to say that Walton County doesn’t require any of that.  He tried to justify it by saying he was performing a “service” in just repairing their tile.  He said they already had tile and he was just replacing it with new tile, he wasn’t really doing anything construction related (I tried really hard to hold back the laughter).  There are just a lot of guys out there that are, in my opinion, operating completely illegally.  Not only are they endangering themselves and the homeowner by not having liability insurance but they are not paying for worker’s comp and probably not reporting income and thus paying taxes.  All this adds up to their ability to undercut those of us who have all this and have to make enough to pay for it.

 

  So, my question is where can I find the best info on all the requirements for doing business, specifically in the construction field.  I know guys doing tile and such are not licensed per se like a general contractor, electrician, plumber, etc but they still have requirements right?  And what are the penalties for operating in this manner.  Also, is there any penalty for a homeowner or contractor who hires these types?  It is my understanding that if a homeowner hires an unlicensed, uninsured person then they are required to withhold the appropriate taxes and carry appropriate insurance.  If so, where can I find info on this?  I’d just like to have something in writing that I can give to these guys (and homeowners) to “educate” them on the requirements.

 

Thanks,

 

Ken Rodgers

ArtisanBilt Construction

 



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