KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on Can subcontractor work for unlicensed alarm co
April 20, 2024
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Comments on Can subcontractor work for unlicensed alarm co from article on April 10, 2024
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Ken,
As the Immediate Past President and Chairman of the Legislative Committee of the Integration Association of Florida (Formerly the Alarm Association of Florida) I would be remiss to not provide comments to the recent article in your newsletter titled “Can Subcontractor work for unlicensed alarm co” in hopes of better educating the EF license holder seeking guidance while also protecting the 17K+ licensed electrical contractors in our state that are contracting within the guidelines laid out in the Florida Statutes.
My recommendation to the individual that submitted the question, who also appears to be properly licensed in FL (based on what he said), would be to read Florida Statutes 489 Part II and become familiar with the definitions (489.505), Qualifications to Practice (489.516), Prohibitions; Penalties (489.531) and Disciplinary Proceedings (489.533).
Again, based on the information provided, the individual out of state is equally responsible for being licensed in the State of Florida simply by the act of negotiation, bidding and/or accepting compensation and the EF license holder would be aiding and abetting an unlicensed contractor should he choose to move forward as he suspected.
Both Unlicensed activity and aiding and abetting an unlicensed contractor continues to be a major issue here in the state and those are the cases I see most heard by the Electrical Contractors Licensing Board (ECLB) during their Disciplinary hearing process. In fact, the IAF is actively working on developing a 2-hour laws and rules course that covers this and many of the other top violations that come before the board. I would hate to see this individual that is currently doing things right by being properly licensed head down a path that could lead to significant penalties and jeopardize his license.
Thank you!
Grady Medcalf
Immediate Past President/ Legislative Chairman
Integration Assoc of Florida
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Ken,
I hope all is well. I am certain many of my licensed colleagues in Florida are banging away at their keyboards. Your scenario as described below is 100% aiding and abetting an unlicensed contractor, and is NOT permissable in Florida. All companies involved must be licensed in Florida in order to subcontract one another.
I have seen this type of issue come before the ECLB numerous times. People do get caught and are fined to the maximum. In Florida, it is not worth it to work without understanding our licensing laws fully.
Please refer any additional questions about this to the ECLB website, and/or Chapter 489 where it is spelled out clearly. I believe one of my colleagues has already forwarded you the specific language.
Thank you!
Best Regards,
David Botknecht, CEO
HW Automation, Inc.
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Ken
On hiring a licensed SUB Contractor to do work for an unlicensed out of state entity in CT requires that the SUB CONTRACTOR have a VALID CONTRACTORS LICENSE. Cannot be a SUB CONTRACTOR without contractor credentials.
All of Mitch Reitmans rules for SUB CONTRACTORS apply. Make sure the company hiring you has a VALID CT TAX Registration AAND will pay the taxes due, or you will be on the hook for all parts, and labor sales and use tax.
Joel Kent
FBN Security Co
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Ken
An unlicensed company hiring a licensed company to perform a contract is illegal in Massachusetts.
Joe Cebula
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Response
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It would be safer to assume that both hiring alarm company and subcontractor must be licensed. A general contractor can hire an alarm company, but an unlicensed alarm company that is not a general contractor cannot contract for licensed services unless it has a licenses, and it cannot engage a subcontractor who isn’t licensed to perform the work.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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