Common License Complaints
As Jacksonville contractor license defense attorneys, we understand the negative impact a license violation can have on the operation of your business, so it’s important to be proactive and eliminate risks that may put successful operations in jeopardy. This can be achieved by educating the decision makers within your organization about the processes of Florida’s Department of Business and Professional Regulations (DBPR) and various industry licensing boards, as well as understanding common license complaints.
From our time serving as contractor license defense attorneys in Jacksonville, below are some of the most common license complaints affecting the construction industry.
Misallocation of Funds
Misallocation of funds is the utilization of project funds for any reason other than what was agreed upon in the construction contract. This includes not paying subcontractors or material providers as payments are disbursed during a project.
Any business conducting work on a project must be licensed per Florida Statutes, Section 489. If you use your license to pull a permit for a person or business, you could be charged with license renting. Penalties include criminal charges and fines up to $10,000.
Once you are under contract, it is your legal responsibility to complete that project as outlined within the scope of work. If work ceases without cause or notice to an owner, the project is considered abandoned after 90 consecutive days of failure to perform work.
Even if you are licensed as a contractor, you are required to work within your particular license. For example, if you are licensed as a residential contractor and are working on a commercial project, you will be in violation of the terms of your license, and will face penalties from the DBPR and the Construction Industry Licensing Board (CILB).
Failure to Obtain a Permit
Before conducting work on a project, each contractor is required to submit construction plans for review with the local building division to ensure compliance with local and state code and building regulations. If this is not done, the owner of the property and the contractor will be held liable for non-compliance.
It is the duty of each contractor to protect the well being of the general public from injury and damage to personal property. This negligence can be a result of faulty design, unsafe practices, or poor site preparation.
Experienced Contractor License Defense Lawyer in Jacksonville
For 16 years Trent Cotney has been serving the construction industry as a contractor license defense lawyer in Jacksonville and throughout the entire State of Florida. His team is experienced with the legal processes of the DBPR and industry licensing boards, and has successfully represented numerous clients at both the local and state level.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.