What Type of Work Can a Florida Certified Building Contractor Do?
In Florida, there are three Division I licenses: Residential Contractor, Building Contractor, and General Contractor. Each has a different scope of work allowed under the license. The definitions section of Chapter 489, Florida Statutes, indicates that a Building Contractor is
a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building.
Put another way, a Building Contractor can build new residential or commercial buildings that are no more than three stories tall and can perform non-structural remodeling or repairs on buildings of any size. Building Contractors are responsible for any construction or alteration of structural components of a building or structure on which they are the contractor.
A Building Contractor’s allowed scope of work is also set forth in other sections of Chapter 489 to clarify additional work that Building Contractor can do as follows:
A Certified Building Contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located.
A Building Contractor is not required to subcontract to a roofing contractor the installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on a new building of his or her own construction.
But, a Building Contractor certified after 1973 cannot hold himself or herself out to be, or advertise himself or herself to be a roofing contractor unless he or she is certified or registered as a roofing contractor.
It is important for Building Contractors to know the scope of work they are allowed to do, because performing work outside of the allowed scope can be unlicensed contracting, which carries severe civil and criminal penalties.
About the Author:
Jason Lambert is a Florida Board Certified Construction Attorney and Partner in the Construction Industry Practice Group at Hill Ward Henderson, in Tampa, Florida. He is also the founder and chief contributor to the Hammer & Gavel construction law blog. Jason focuses his practice on representing contractors, subcontractors, and materials suppliers throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He can be reached at jason.lambert@hwhlaw.com or 813-227-8495.
