Thinking of renting your license to help a business qualify? Think again. The Department of Business and Professional Regulation (DBPR) has strict licensing and regulation guidelines for the construction industry and will enforce disciplinary actions against violators. Although renting your license may seem lucrative and convenient, the Sarasota construction attorneys of Trent Cotney P.A. wants you to understand that doing so will come at a price you may not want to pay.
Florida Statutes Section 489
It is against the law to ask someone to use their license to conduct business. Many who are presently renting out their license or considering doing so for extra money or unlicensed individuals seeking to “rent” the license of a licensed professional should review Chapter 489 of the Florida Statutes which provides a comprehensive breakdown of licensing rules. To qualify a business, a contractor must be licensed, directly supervise, and be involved in the daily the activities of the construction project the contractor’s license is attached to.
How it Affects Others
Construction work needs to be completed by licensed professionals to ensure that structures are built and improved safely and efficiently. Work performed by an unlicensed person will put owners and occupants at risk for substandard work which includes defects, building code violations, and endangering occupants’ health and safety. The list goes on.
How it Affects You
The name of the business you qualify will be on your license record. If anything goes wrong not only will your reputation be affected and you are held liable for associated damages, injuries, and defects. Even if you aren’t directly on the premises, your name is on the line and you pay the penalties which can include criminal charges, fines, loss of license, and compensating those who are injured on the job site.
Do Business the Right Way
The only way to legally qualify a business is to have an already licensed contractor qualify the business or the one pursuing the contract must become a qualifying agent by submitting an application to the Construction Industry Licensing Board.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.