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<TITLE>Re: [Florida Code Talk] Is the owner of a commercial project allowed to subcontract to various contractors?</TITLE>
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<FONT FACE="Times, Times New Roman"><SPAN STYLE='font-size:12.0px'>The general contractor is responsible for the primary building construction. Either the general, or the owner, can hire (contract) the required subs, who all reference the prime permit number for their individual permits. There is nothing I am aware of to prevent this, as you pointed out, as the owner is allowed to hire anyone. The owner is not the contractor, and the permit is not in his name. So he is not acting as the contractor, but only establishing the contractual relationships for the licensed contractors and subcontractors. Instead of having all the subcontracts go through the general, which is normal. I don’t see a problem here. <BR>
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There is, however, the ultimate problem of disputes and coordination. If the subs are not contracted directly with the general, there is a possibility for coordination problems which, if the subcontracts are not written properly, could hold the owner responsible for coordinating the subs with the general. But that is a contractual relationship, not a code relationship.<BR>
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My humble opinion.<BR>
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<HR ALIGN=CENTER SIZE="3" WIDTH="95%"><B>From: </B>Sam Nasser <bnasser@cfl.rr.com><BR>
<B>Date: </B>Sat, 13 Feb 2010 10:36:29 -0500<BR>
<B>To: </B><codetalk@myfloridacode.com><BR>
<B>Subject: </B>[Florida Code Talk] Is the owner of a commercial project allowed to subcontract to various contractors?<BR>
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</SPAN></FONT><SPAN STYLE='font-size:12.0px'><FONT FACE="Arial">The terminated electrical contractor filed a complaint with DBPR against the owner accusing him of practicing as a contractor without a license.<BR>
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</FONT><FONT FACE="Arial">The commercial project has a contractor who pulled the permit and manages the project on DAILY basis and the owner is appointed by the contractor as the project manager. The owner signed the work contract with the terminated electrical contractor and paid him directly in coordination with and under supervision of the contractor.<BR>
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</FONT><FONT FACE="Arial">DBPR stated "By subcontracting to the electrical contractor, owner may be practicing as a contractor without a license..." <BR>
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</FONT><FONT FACE="Arial">Multiple prime contracts in chapter 8 of the contractor manual, allows the owner to directly contract with specialized trades such as electrical, plumbing, HVAC, etc., etc., and also to coordinate the work of the various contractors... <BR>
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</FONT><FONT FACE="Arial">Opinions please.<BR>
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