A general contractor wants an uncertified subcontractor to perform carpentry within the general contractor’s own licence scope. Does s. 489.113(2) allow it?
Correct Answer
B) Yes, if the supervising contractor is responsible and the work needs no licence under 489.105(3)(d)-(o)
Section 489.113(2) opens with the rule — "A person must be certified or registered in order to engage in the business of contracting in this state" — and then carves out supervised work: an uncertified subcontractor may perform construction "under the supervision of a person who is certified or registered, 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 s. 489.105(3)(d)-(o)." So the trades in (d) through (o) — roofing, plumbing, mechanical and the rest — can never be supervised into compliance.
Why This Is the Correct Answer
Section 489.113(2) opens with the rule — "A person must be certified or registered in order to engage in the business of contracting in this state" — and then carves out supervised work: an uncertified subcontractor may perform construction "under the supervision of a person who is certified or registered, 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 s. 489.105(3)(d)-(o)." So the trades in (d) through (o) — roofing, plumbing, mechanical and the rest — can never be supervised into compliance.
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