Navigating Florida’s Construction Laws on Unlicensed Sub-Contractors

In Florida, the construction industry is governed by stringent regulations to ensure quality and safety. One key aspect of these regulations involves the use of licensing, which contractors are generally required to obtain. However, under Florida law, while some types of construction/building improvement absolutely require the relevant contractor or subcontractor to be licensed, some work may be done legally by unlicensed subcontractors operating under the supervision of a licensed general contractor (“GC”). Understanding how and when unlicensed workers can legally operate under a licensed GC is crucial for both compliance and successful project management.

According to Florida Statute § 489.113(2), an unlicensed subcontractor may perform work under the supervision of a certified or registered and licensed GC, “provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in § 489.105(3)(d)-(o).” These categories, in which unlicensed work may not legally be performed, include: sheet metal contractors, roofing contractors, air conditioning contractors, mechanical contractors, pool/spa contractors, plumbing contractors, underground utility and excavation contractors, and solar contractors.

However, it’s important for GCs to exercise caution. Although they may legally hire unlicensed workers, they must ensure these workers have the required skills and knowledge to perform their tasks safely and effectively. The licensed GC holds the responsibility for ensuring that all subcontractors adhere to state codes and standards. This supervision involves overseeing the work’s quality and ensuring that all necessary permits are obtained and complied with. Essentially, while the unlicensed subcontractor carries out the work, the licensed GC is accountable for the overall project.

If you need legal help with a contractor licensing issue, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].