Understanding Florida’s Regulations on Unlicensed Subcontractors

When you’re working on a construction project in Florida, there’s a lot to juggle—timelines, budgets, and making sure the right people are on the job. One crucial factor that often gets overlooked is whether everyone involved, particularly subcontractors, is licensed. Hiring unlicensed subcontractors can create serious legal and financial issues for both property owners and contractors. In this blog post, we’ll break down Florida’s regulations on unlicensed subcontractors, what the risks are, and how you can protect yourself. 

What Does “Licensed” Mean in Florida? 

In Florida, subcontractors working in the construction industry must have the appropriate license for their specific trade. This license verifies that they have the necessary training, skills, and insurance to perform their job safely and up to state standards. The Florida Department of Business and Professional Regulation (DBPR) oversees the issuance and regulation of these licenses. 

Some common licensed subcontractors include electricians, plumbers, HVAC specialists, and roofers. Without a valid license, subcontractors are not legally permitted to perform work in these trades. 

Why Does Licensing Matter? 

You might think that hiring an unlicensed subcontractor is harmless or can help you save money. Unfortunately, hiring unlicensed subcontractors can expose you to a range of problems, from substandard work to major legal issues. Here are some key reasons why licensing matters: 

• Safety and Quality: Licensed subcontractors are required to meet specific standards, ensuring they complete their work properly and safely. Unlicensed workers may cut corners, leading to safety risks or future repairs. 

• Legal Ramifications: Florida law prohibits unlicensed contractors from performing regulated work. If you knowingly or unknowingly hire an unlicensed subcontractor, you could face fines or other penalties. 

• No Legal Recourse: If an unlicensed subcontractor performs shoddy work, you might have limited legal options. In many cases, courts will not uphold contracts with unlicensed workers, leaving you with few ways to recoup your losses. 

• Insurance Issues: Unlicensed subcontractors often lack proper insurance coverage. If they get injured on the job or cause damage to the property, you could be held liable for medical bills or repairs. 

Florida Laws on Unlicensed Subcontractors 

Florida has strict laws regarding unlicensed contractors and subcontractors. Here’s a breakdown of the key legal provisions: 

Florida Statute 489.128 

Under Florida Statute 489.128, contracts performed by unlicensed contractors are unenforceable. This means that if you hire an unlicensed subcontractor and there is a dispute, they cannot sue you for unpaid work. However, it also means you might not be able to sue them for damages related to substandard work. 

Penalties for Hiring Unlicensed Subcontractors 

Florida law imposes penalties on both unlicensed subcontractors and the individuals or businesses that hire them. These penalties can include: 

• Fines of up to $10,000 per offense. 

• The property owner could be required to halt the project until a licensed subcontractor takes over. 

• In severe cases, hiring an unlicensed subcontractor can be considered a criminal offense. 

How to Check if a Subcontractor is Licensed 

Before you hire a subcontractor, it’s important to verify their credentials. The Florida Department of Business and Professional Regulation (DBPR) makes this easy through its online portal. You can search for a subcontractor by name or license number to ensure they are properly licensed and in good standing. 

Here are some steps you can take: 

1. Ask for the License Number: Reputable subcontractors will have no problem providing you with their license information. 
2. Check Online: Visit the DBPR website to verify the license. Make sure the license is active and valid for the type of work you are hiring them for. 
3. Request Proof of Insurance: In addition to a valid license, make sure the subcontractor has proper insurance to cover any accidents or damages. 

What to Do If You’ve Hired an Unlicensed Subcontractor 

If you’ve already hired an unlicensed subcontractor, all is not lost. Here’s what you can do to mitigate potential problems: 

• Stop the Project: If you suspect that a subcontractor is unlicensed, immediately halt work on the project. This can prevent any further legal exposure. 

• Consult a Lawyer: An attorney experienced in construction law can help you understand your legal options. You may be able to terminate the contract and recover some of your costs. 

• Hire a Licensed Subcontractor: To ensure the project moves forward legally and safely, hire a licensed subcontractor to take over the work. 

Conclusion 

Navigating Florida’s regulations on unlicensed subcontractors can be tricky, but it’s essential to ensure your construction project runs smoothly and without legal headaches. By hiring licensed professionals and verifying their credentials, you can avoid potential pitfalls that could cost you time, money, and stress. 

If you’ve found yourself dealing with the consequences of hiring an unlicensed subcontractor, or if you simply want to ensure that your construction project is legally sound, contact one of our experienced construction 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].