A general contractor subcontracts electrical work to an unlicensed electrician. Under Florida Statutes Chapter 489, what is the contractor's liability?
Correct Answer
D) Full liability for unlicensed subcontracting
Florida Statutes Chapter 489 holds general contractors fully liable when they use unlicensed subcontractors for work requiring a license. Contractors must verify all subcontractors are properly licensed.
Why This Is the Correct Answer
Florida Statutes Chapter 489 establishes strict liability for general contractors who use unlicensed subcontractors for work that requires a license. The statute places the burden on the general contractor to verify that all subcontractors hold proper licenses for their respective trades. This full liability exists regardless of the quality of work performed or any other mitigating factors. The law is designed to protect consumers and maintain industry standards by making contractors accountable for their subcontractor selection.
Why the Other Options Are Wrong
Option B: Liability only for payment issues
Florida Statutes Chapter 489 does not create a shared liability arrangement. The general contractor bears full responsibility and cannot shift or share this liability with the unlicensed subcontractor.
Option C: Shared liability with subcontractor
The quality or satisfaction of the work performed is irrelevant under Florida law. Even if the unlicensed electrician performs excellent work, the general contractor still bears full liability for violating licensing requirements.
Memory Technique
Think 'FULL STOP' - Florida Unlicensed Labor = Liability Stop with the general contractor (Full responsibility)
Reference Hint
Florida Statutes Chapter 489 - Construction Industry Licensing Law, specifically sections dealing with contractor responsibilities and subcontractor requirements
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