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RPPTL CLC-Discussion

Thu, Mar 2, 2023 7:37 PM

Thank you everyone, especially Mike Gibbons, for the helpful responses.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttp://thelienzone.com/
Biographyhttps://barthet.com/member/alex-barthet/

The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
www.barthet.com http://www.barthet.com/

This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 2:17 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

Antitrust law concerns???? Maybe Congress should stop enacting laws too for the same reason.

Lee

A.

Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image004.png@01D94D14.63546420]https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12cKInLRLAD8lhyYZAwzAnL47IEgDb7DZkwqcKX9Wl8%3D&reserved=0
Becker & Poliakoff
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FL
33301
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The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0 | Biohttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0 | vCardhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XfNiFZPjwD1XQ9dREz0xB89gFhU1qSn7e0VxHUy90nU%3D&reserved=0
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0 | Biohttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0 | vCardhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0

[cid:image016.png@01D94D14.63546420]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
[cid:image017.png@01D94D14.63546420]
712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XfNiFZPjwD1XQ9dREz0xB89gFhU1qSn7e0VxHUy90nU%3D&reserved=0
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:
Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).
After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).
Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.
In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0 | Biohttps://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0 | vCardhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0

[cid:image018.png@01D94D14.63546420]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FAT73CJ6782h8OnqwippBDo%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XQdukKiA%2FFfdq7bnHNzClGtqB5pGOjUeLJbOvI5IU7A%3D&reserved=0
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The Barthet Firm
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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]

Thank you everyone, especially Mike Gibbons, for the helpful responses. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<http://thelienzone.com/> Biography<https://barthet.com/member/alex-barthet/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<http://www.barthet.com/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 2:17 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question Antitrust law concerns???? Maybe Congress should stop enacting laws too for the same reason. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:image004.png@01D94D14.63546420]<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12cKInLRLAD8lhyYZAwzAnL47IEgDb7DZkwqcKX9Wl8%3D&reserved=0> Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 [cid:image005.png@01D94D14.63546420] 954.985.4147<tel:954.985.4147> [cid:image006.png@01D94D14.63546420] 954.985.4176<fax:954.985.4176> [cid:image007.png@01D94D14.63546420] lweintraub@beckerlawyers.com<mailto:lweintraub@beckerlawyers.com> [cid:image008.png@01D94D14.63546420] www.beckerlawyers.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.beckerlawyers.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12cKInLRLAD8lhyYZAwzAnL47IEgDb7DZkwqcKX9Wl8%3D&reserved=0> [cid:image009.png@01D94D14.63546420] Connect with me on LinkedIn <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Flee-weintraub%2F1b%2Fa0b%2F813&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mS7hrRoOsip%2FJyVvGzRIESEkobE7%2FSVaMiBodaZNNhs%3D&reserved=0> [cid:image010.png@01D94D14.63546420] Follow me on<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dqAEqsQYAG0IxFPsii1KLbstQeVC6mTGogCKuH3etQQ%3D&reserved=0> Twitter <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fleeweintraub&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dqAEqsQYAG0IxFPsii1KLbstQeVC6mTGogCKuH3etQQ%3D&reserved=0> [cid:image011.jpg@01D94D14.63546420] Follow Becker on... [Facebook]<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbeckerpoliakoff&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dpVpZfDaLwB0dZT%2FycdOserC2NmQnAJbEujgUaWbrrY%3D&reserved=0> [LinkedIn]<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Fbecker-%26-poliakoff-p.a.&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290657469%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=51ZC6KJyaRASaXfjG9YX90PDMrjtFVrjppYE%2BTiCGCg%3D&reserved=0> [Twitter]<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2FBeckerPoliakoff&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=yVuCIXREX5dSreADra5NlTjGJoeKWGSkrxjXMBTQvI0%3D&reserved=0> [YouTube]<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fuser%2Fbplawfirm&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ZoO7ieAwkBilWL4iVXr7N1kO2Z6LKTrgDSmdykWpMxY%3D&reserved=0> Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 2:14 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question EXTERNAL EMAIL - This message originated from an External Source. The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0> | Bio<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0> | vCard<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0> [cid:image016.png@01D94D14.63546420] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XfNiFZPjwD1XQ9dREz0xB89gFhU1qSn7e0VxHUy90nU%3D&reserved=0> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0> | Bio<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0> | vCard<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0> [cid:image016.png@01D94D14.63546420] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image017.png@01D94D14.63546420] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XfNiFZPjwD1XQ9dREz0xB89gFhU1qSn7e0VxHUy90nU%3D&reserved=0> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: 1. Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). 1. After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). 1. Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. 1. In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lkEr9QLKW34EoIK6X86C7xAk5gfUJmcXrdGDXlRCDQ%3D&reserved=0> | Bio<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gRqJOVchp2E5QUoS4PPVEzpEPCIF7gdyL1lJm5G64u4%3D&reserved=0> | vCard<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FA51EjtzLiHOw4bnVTmoKvo%2FF4Xmg1bZb82PiHFuz9E%3D&reserved=0> [cid:image018.png@01D94D14.63546420] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FAT73CJ6782h8OnqwippBDo%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XQdukKiA%2FFfdq7bnHNzClGtqB5pGOjUeLJbOvI5IU7A%3D&reserved=0> Biography<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FIPOYCKr582hqK12WsnazH9%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9osCHjeNq9kURcOslcNph7J%2FsYzvvHALv79FwjrLLII%3D&reserved=0> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FjTP8CM85Z2T5PJq3IR5lX8%2F&data=05%7C01%7Calex%40barthet.com%7Cfae0aeeb04594eeffb7a08db1b52f15a%7C4db1f097afcb4c95948f952ebf3da42d%7C0%7C0%7C638133815290813712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=GCv4eY%2BwY9fjroOT56ac6N3mqUVnAJESECEQMrsLO%2FI%3D&reserved=0> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

RC

RPPTL CLC-Discussion

Thu, Mar 2, 2023 7:37 PM

That’s ridiculous. I typed a lot more here and deleted it…..

Bruce Partington | Shareholder
bpartington@clarkpartington.com mailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/

[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:14 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

[cid:image001.png@01D94D0C.29935CD0]

LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: https://link.edgepilot.com/s/1f0d9382/tVGuWyXMJUCa_9fb2m2c2w?u=http://www.dpconstructionlaw.com/
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

[cid:image001.png@01D94D0C.29935CD0]

LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
[cid:image002.png@01D94D0C.29935CD0]
712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: https://link.edgepilot.com/s/1f0d9382/tVGuWyXMJUCa_9fb2m2c2w?u=http://www.dpconstructionlaw.com/
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:

(a) Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).

(b) After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).

(c) Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.

(d) In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

[cid:image003.png@01D94D0C.29935CD0]

LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttps://link.edgepilot.com/s/c5ce86f2/blRyK6xHYUK05IyLPyLE2A?u=https://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/
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The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
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[v4.30]

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[v4.30]

That’s ridiculous. I typed a lot more here and deleted it….. Bruce Partington | Shareholder bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<https://clarkpartington.com/> [cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg] [cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]<https://www.facebook.com/ClarkPartington/> [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] <https://www.linkedin.com/company/2250553/admin/> [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] <https://twitter.com/ClarkPartington> [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:14 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/> | Bio<https://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image001.png@01D94D0C.29935CD0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: https://link.edgepilot.com/s/1f0d9382/tVGuWyXMJUCa_9fb2m2c2w?u=http://www.dpconstructionlaw.com/ Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/> | Bio<https://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image001.png@01D94D0C.29935CD0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image002.png@01D94D0C.29935CD0] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: https://link.edgepilot.com/s/1f0d9382/tVGuWyXMJUCa_9fb2m2c2w?u=http://www.dpconstructionlaw.com/ Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: (a) Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). (b) After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). (c) Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. (d) In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://link.edgepilot.com/s/a918c645/jk1Ui_aEBEuaGltOjanB-A?u=http://lowndes-law.com/> | Bio<https://link.edgepilot.com/s/a9193010/W7k_DwX3ZUmu4bQKhYxy3w?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://link.edgepilot.com/s/1e111f1f/teWg_tQBeEy8grit6xO2Dw?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image003.png@01D94D0C.29935CD0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://link.edgepilot.com/s/c5ce86f2/blRyK6xHYUK05IyLPyLE2A?u=https://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/> Biography<https://link.edgepilot.com/s/dbdcc850/77W7i1kuQECEowwec7hCRQ?u=https://protect-us.mimecast.com/s/IPOYCKr582hqK12WsnazH9/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> https://link.edgepilot.com/s/4f47e7a0/1nq7acf5R0mRNRaZ9cHbcw?u=http://www.barthet.com/<https://link.edgepilot.com/s/50fea39e/rsW4pf5ud0_7jA5BIvy0Kw?u=https://protect-us.mimecast.com/s/jTP8CM85Z2T5PJq3IR5lX8/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

RC

RPPTL CLC-Discussion

Thu, Mar 2, 2023 7:41 PM

The CILB minutes from September 2022 reflect the CILB ruling on a DS Petition, so they seem to be acting on them, consistent with the statute.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com
CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.
Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 2:14 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com http://www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
[cid:image002.png@01D94D14.26118F70]
712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com http://www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:
Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).
After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).
Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.
In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttps://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/
Biographyhttps://protect-us.mimecast.com/s/IPOYCKr582hqK12WsnazH9/

The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
www.barthet.com https://protect-us.mimecast.com/s/jTP8CM85Z2T5PJq3IR5lX8/

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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

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[v4.30]

The CILB minutes from September 2022 reflect the CILB ruling on a DS Petition, so they seem to be acting on them, consistent with the statute. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com Email: dperera@dpconstructionlaw.com CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 2:14 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image001.png@01D94D14.26118F70] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image001.png@01D94D14.26118F70] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image002.png@01D94D14.26118F70] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: 1. Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). 1. After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). 1. Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. 1. In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image003.png@01D94D14.26118F70] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/> Biography<https://protect-us.mimecast.com/s/IPOYCKr582hqK12WsnazH9/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<https://protect-us.mimecast.com/s/jTP8CM85Z2T5PJq3IR5lX8/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

RC

RPPTL CLC-Discussion

Thu, Mar 2, 2023 7:56 PM

The CILB, like ever other state regulatory board except those exempted by The Admission Commission (Governor, Attorney General and CFO), is obligated by Chapter 120, F. S. and Chapter 28, F.A.C., to issue Declaratory Statements to those "with standing." While true that the US Sup Ct opinion in the Board of Dentistry case raises concerns of board members and agency staff about potential anti-trust activities, a refusal to issue a statement is appealable as a final order. For cases and principles (but not updated since 2013), see The Florida Bar Journal/March 2013, page 41.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I haven't read that the CILB won't issue statements. It's a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn't mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com http://www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=K5pAod57kxbg1A7YmF%2BqhhKrD1g4V7aC6iI79x5icLw%3D&reserved=0 | Biohttps://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12j0brpvoOjMi9Gyv6y9XDHxyijYit9rOKyy%2F%2F15Z1c%3D&reserved=0 | vCardhttps://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kGn7wD9ZuSjh7hZg9YydpAxwM1ZQEa6dTkhn4FCkScc%3D&reserved=0

[cid:image001.png@01D94D12.94C07050]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
[cid:image002.png@01D94D12.94C07050]
712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=rDmAEDxSlLjNg%2BLkvi15fYSli0IoMx6QNEwP6He5rrY%3D&reserved=0
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:
Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to "drains" refers to stormwater drains, the work on drains appears to fall within the "storm sewer collection system" scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).
After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor's license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).
Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work "that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)". Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.
In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=K5pAod57kxbg1A7YmF%2BqhhKrD1g4V7aC6iI79x5icLw%3D&reserved=0 | Biohttps://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12j0brpvoOjMi9Gyv6y9XDHxyijYit9rOKyy%2F%2F15Z1c%3D&reserved=0 | vCardhttps://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kGn7wD9ZuSjh7hZg9YydpAxwM1ZQEa6dTkhn4FCkScc%3D&reserved=0

[cid:image003.png@01D94D12.94C07050]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let's say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically "covered" by the GC's license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
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The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
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[v4.30]

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[v4.30]

The CILB, like ever other state regulatory board except those exempted by The Admission Commission (Governor, Attorney General and CFO), is obligated by Chapter 120, F. S. and Chapter 28, F.A.C., to issue Declaratory Statements to those "with standing." While true that the US Sup Ct opinion in the Board of Dentistry case raises concerns of board members and agency staff about potential anti-trust activities, a refusal to issue a statement is appealable as a final order. For cases and principles (but not updated since 2013), see The Florida Bar Journal/March 2013, page 41. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question I haven't read that the CILB won't issue statements. It's a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn't mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=K5pAod57kxbg1A7YmF%2BqhhKrD1g4V7aC6iI79x5icLw%3D&reserved=0> | Bio<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12j0brpvoOjMi9Gyv6y9XDHxyijYit9rOKyy%2F%2F15Z1c%3D&reserved=0> | vCard<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kGn7wD9ZuSjh7hZg9YydpAxwM1ZQEa6dTkhn4FCkScc%3D&reserved=0> [cid:image001.png@01D94D12.94C07050] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image002.png@01D94D12.94C07050] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dpconstructionlaw.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=rDmAEDxSlLjNg%2BLkvi15fYSli0IoMx6QNEwP6He5rrY%3D&reserved=0> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: 1. Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to "drains" refers to stormwater drains, the work on drains appears to fall within the "storm sewer collection system" scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). 1. After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor's license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). 1. Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work "that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)". Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. 1. In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=K5pAod57kxbg1A7YmF%2BqhhKrD1g4V7aC6iI79x5icLw%3D&reserved=0> | Bio<https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Flowndes-law.com%2Fpeople-detail%2Fclient%2FMichael-Gibbons&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=12j0brpvoOjMi9Gyv6y9XDHxyijYit9rOKyy%2F%2F15Z1c%3D&reserved=0> | vCard<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Flowndeslaw.dpmlocal.com%2Fadmin%2Fvcard%2Fgenerate.php%3Fid%3D64&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kGn7wD9ZuSjh7hZg9YydpAxwM1ZQEa6dTkhn4FCkScc%3D&reserved=0> [cid:image003.png@01D94D12.94C07050] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let's say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically "covered" by the GC's license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FJhCZCpYXZqHzk7k5s2LAKq%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=sezZf0%2FF6mi58y8emJYCsVVo1PlMzrhCAsfwqQd8pYQ%3D&reserved=0> Biography<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FlmqbCqxMQrTOBVB9hqXRv6%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Mm%2BQ%2Bweanhnh9IApNdh%2FYW%2FuxRMndJb9Ed1FrI3UkeM%3D&reserved=0> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-us.mimecast.com%2Fs%2FzbtuCv29QzuW1R1vcwMJGd%2F&data=05%7C01%7Cdudley%40mylicenselaw.com%7C43937c682cf44e57491408db1b4f9821%7C73ebfaa37dec49cabcc3dfba720c63d9%7C0%7C0%7C638133800925323453%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=sZ7iS2wQrXhgQHt1nMwkLvDiG%2FlSKkvEIU5N2bUBZiI%3D&reserved=0> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]

RC

RPPTL CLC-Discussion

Thu, Mar 2, 2023 8:25 PM

Afternoon,

I somehow got involved with a case involving the partition of a corporation. Anyone have authority that a corporation (LLC) can be partitioned by a non-member?

Thank you in advance.

Hans

[http://hhlegal.com/email-signatures/img/hlg-email-logo-icon.png]http://www.hhlegal.com/

Hans Peter Haahr, Esq.
727.896.7777 OR 877.570.5297
4159 CENTRAL AVENUE
ST. PETERSBURG, FL 33713
www.hhlegal.com http://www.hhlegal.com/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 2:14 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com http://www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
[cid:image004.png@01D94D1B.48CBC5B0]
712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com http://www.dpconstructionlaw.com
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail.

Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:
Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).
After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).
Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.
In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttps://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/
Biographyhttps://protect-us.mimecast.com/s/IPOYCKr582hqK12WsnazH9/

The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex@barthet.com mailto:alex@barthet.com
www.barthet.com https://protect-us.mimecast.com/s/jTP8CM85Z2T5PJq3IR5lX8/

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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

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[v4.30]

Afternoon, I somehow got involved with a case involving the partition of a corporation. Anyone have authority that a corporation (LLC) can be partitioned by a non-member? Thank you in advance. Hans [http://hhlegal.com/email-signatures/img/hlg-email-logo-icon.png]<http://www.hhlegal.com/> Hans Peter Haahr, Esq. 727.896.7777 OR 877.570.5297 4159 CENTRAL AVENUE ST. PETERSBURG, FL 33713 www.hhlegal.com<http://www.hhlegal.com/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 2:14 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question The attached document from the CILB indicates that “The CILB is not expected to issue any further declaratory statements in light of antitrust law concerns”. This document was provided to me a few months ago by a contractor client. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image003.png@01D94D1B.48CBC5B0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image003.png@01D94D1B.48CBC5B0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image004.png@01D94D1B.48CBC5B0] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: 1. Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). 1. After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). 1. Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. 1. In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<http://lowndes-law.com> | Bio<http://lowndes-law.com/people-detail/client/Michael-Gibbons> | vCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> [cid:image005.png@01D94D1B.48CBC5B0] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://protect-us.mimecast.com/s/AT73CJ6782h8OnqwippBDo/> Biography<https://protect-us.mimecast.com/s/IPOYCKr582hqK12WsnazH9/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<https://protect-us.mimecast.com/s/jTP8CM85Z2T5PJq3IR5lX8/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. 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[v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. 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RC

RPPTL CLC-Discussion

Thu, Mar 2, 2023 8:41 PM

Many petitioners don’t understand the reason for the petition which is why the CILB denies them routinely. Reasons for the denials are these:

Procedural defects with Petition
Petition is vague
Petition is answered in the statute
Petition requires action on the conduct of a third party
Petitioner lacks standing
Petition deals with pending litigation.
Petition deals with past conduct and not future conduct

The concern with the North Carolina Dental case and antitrust issues come from the fact that these boards are made up of people who are working in the industry and regulating it at the same time. Rule Change and Declaratory Statements were the two instances that could affect the industry in that regard. I remember the serious shock wave that went over all Florida professional boards during that time. Dylan Rivers, a member of the Architects board, wrote a Bar Journal article on the case if you are interested in that. It was rather tumultuous time for professional boards.

The federal government was investigating all state boards for possible issues. That is partly why you have seen a trend of loosening the collar on the construction regulation in Florida. i.e. acceptance of the NASCLA test, state reciprocity, and the Occupational Freedom and Opportunity Act of 2020.

Christopher M. Cobb
Managing Partner
Board Certified in Construction Law
LinkedInhttps://www.linkedin.com/in/christophermcobb/ | Biohttps://www.cobbgonzalez.com/attorneys/christopher-m-cobb/

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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:48 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
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Miami, FL 33186
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:28 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
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[cid:image006.png@01D94D0F.6A2D4460]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 1:18 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions.

Kind regards,
Hardy

Hardy L. Roberts
Board Certified in Construction Law
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712 S. Oregon Avenue
Tampa, Florida 33606
Direct: 813-345-5212 | Cell: 813-966-9511
hroberts@careyomalley.com mailto:hroberts@careyomalley.com

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 10:58 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com
Subject: Re: [CLC-Discussion] License Question

I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry.

Diane S. Perera, Esq.
Board Certified in Construction Law
Law Office of Diane S. Perera, P.A.
12150 SW 128 Ct., Suite 114
Miami, FL 33186
Office: 305-252-1388
Website: www.dpconstructionlaw.com https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dpconstructionlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=tKghbtjIyetGnbFuAaKs6iH7FLP5U9takdo5LobTLyY&e=
Email: dperera@dpconstructionlaw.com mailto:dperera@dpconstructionlaw.com

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Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, March 2, 2023 8:54 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] License Question

Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions:

It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1).
Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting:
Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n).
After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o).
Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope.
In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=5Fs2dr12YxsoGROb3aVnLF8QOK91IOJjdC3eFPlTsu4&e= | Biohttps://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com_people-2Ddetail_client_Michael-2DGibbons&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=QuijPPv3nOHpqGepIwOShc32SbzASKYMaxe9k4Rob8Y&e= | vCardhttps://urldefense.proofpoint.com/v2/url?u=https-3A__lowndeslaw.dpmlocal.com_admin_vcard_generate.php-3Fid-3D64&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=PCkHdcsk_h3zjTTG8JRqG8GDaAjad3apBe-VioehKTg&e=

[cid:image008.png@01D94D0F.6A2D4460]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, March 1, 2023 10:58 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] License Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttps://urldefense.proofpoint.com/v2/url?u=https-3A__protect-2Dus.mimecast.com_s_JhCZCpYXZqHzk7k5s2LAKq_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=NAXSUPLPjBddwYVE-He6c28IeRpN5eYxGd8Wa4dGhUk&e=
Biographyhttps://urldefense.proofpoint.com/v2/url?u=https-3A__protect-2Dus.mimecast.com_s_lmqbCqxMQrTOBVB9hqXRv6_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=cn7k-l17dH87-kTChfW_qH4kDklWDcs6tfrrtl5LiRk&e=

The Barthet Firm
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[v4.30]

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

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[v4.30]

Many petitioners don’t understand the reason for the petition which is why the CILB denies them routinely. Reasons for the denials are these: 1. Procedural defects with Petition 2. Petition is vague 3. Petition is answered in the statute 4. Petition requires action on the conduct of a third party 5. Petitioner lacks standing 6. Petition deals with pending litigation. 7. Petition deals with past conduct and not future conduct The concern with the North Carolina Dental case and antitrust issues come from the fact that these boards are made up of people who are working in the industry and regulating it at the same time. Rule Change and Declaratory Statements were the two instances that could affect the industry in that regard. I remember the serious shock wave that went over all Florida professional boards during that time. Dylan Rivers, a member of the Architects board, wrote a Bar Journal article on the case if you are interested in that. It was rather tumultuous time for professional boards. The federal government was investigating all state boards for possible issues. That is partly why you have seen a trend of loosening the collar on the construction regulation in Florida. i.e. acceptance of the NASCLA test, state reciprocity, and the Occupational Freedom and Opportunity Act of 2020. Christopher M. Cobb Managing Partner Board Certified in Construction Law LinkedIn<https://www.linkedin.com/in/christophermcobb/> | Bio<https://www.cobbgonzalez.com/attorneys/christopher-m-cobb/> [cid:image004.png@01D94D0F.6A2D4460] 4655 Salisbury Road Suite 200 Jacksonville, Florida 32256 (904) 822-8001 ccobb@cobbgonzalez.com<mailto:ccobb@cobbgonzalez.com> www.CobbGonzalez.com<http://www.cobbgonzalez.com/> [Logo Description automatically generated] CONFIDENTIALITY NOTICE: This e-mail transmission and any accompanying documents may contain confidential information, which is legally protected by the attorney-client privilege. The information contained in or accompanying this message is intended only for the use of the person or entity to whom it is addressed. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please respond to the sender by reply e-mail and destroy all copies of the original e-mail. FAIR DEBT COLLECTION PRACTICES ACT: This is an attempt to collect a debt, and any information obtained will be used for that purpose. Unless you dispute the validity of this debt or any portion within 30 days of receipt of this notice, we will assume this debt is valid as stated. If you write and dispute this debt, or any portion of it, within the same 30 days, we will obtain and mail verification of the debt, or a copy of the judgment, whichever is applicable. Upon written request, within the same 30 days, we will provide you with the name and address of the original creditor, if different from the current creditor. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:48 PM To: clc-discussion@lists.flabarrpptl.org Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com Subject: Re: [CLC-Discussion] License Question I haven’t read that the CILB won’t issue statements. It’s a statutory function, so I think if the petition is proper, the statement has to be issued. The CILB website doesn’t mention anything about not issuing statements. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<http://www.dpconstructionlaw.com> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:28 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question I may be mistaken but I thought I read recently that going forward the CILB had decided it was no longer going to issue the Declaratory Statements. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=5Fs2dr12YxsoGROb3aVnLF8QOK91IOJjdC3eFPlTsu4&e=> | Bio<https://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com_people-2Ddetail_client_Michael-2DGibbons&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=QuijPPv3nOHpqGepIwOShc32SbzASKYMaxe9k4Rob8Y&e=> | vCard<https://urldefense.proofpoint.com/v2/url?u=https-3A__lowndeslaw.dpmlocal.com_admin_vcard_generate.php-3Fid-3D64&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=PCkHdcsk_h3zjTTG8JRqG8GDaAjad3apBe-VioehKTg&e=> [cid:image006.png@01D94D0F.6A2D4460] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 1:18 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Are you all finding that the CILB is willing to issue such declaratory statements or do they usually decline? I thought it was difficult to get them issue such decisions. Kind regards, Hardy Hardy L. Roberts Board Certified in Construction Law [cid:image007.png@01D94D0F.6A2D4460] 712 S. Oregon Avenue Tampa, Florida 33606 Direct: 813-345-5212 | Cell: 813-966-9511 hroberts@careyomalley.com<mailto:hroberts@careyomalley.com> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 10:58 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com<mailto:14f1fe0e681e47009f01447edae921ab@lawmail.cosmolex.com> Subject: Re: [CLC-Discussion] License Question I agree with Michael, but if the GC wants to be cautious and time permits, he/she can petition the CILB for a Declaratory Statement and obtain a response that is binding within the scope of his inquiry. Diane S. Perera, Esq. Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 12150 SW 128 Ct., Suite 114 Miami, FL 33186 Office: 305-252-1388 Website: www.dpconstructionlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dpconstructionlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=tKghbtjIyetGnbFuAaKs6iH7FLP5U9takdo5LobTLyY&e=> Email: dperera@dpconstructionlaw.com<mailto:dperera@dpconstructionlaw.com> CONFIDENTIAL: This e-mail and any Document(s) accompanying this transmittal contains information from the Law Office of Diane S. Perera, P.A., that is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance upon the contents of this transmittal information is strictly prohibited and the document(s) should be returned to this firm immediately. If you have received this transmittal in error, please notify this firm immediately at (305) 252-1388 or by return e-mail. Any correspondence between a firm attorney and a prospective client is not to be construed as the engagement of any attorney at The Law Office of Diane S. Perera P.A. for legal representation unless the representation is evidenced in a writing signed by both parties. The discussion of matters between a firm attorney and a prospective client for legal representation is protected by the client/attorney privilege as directed by the Rules Regulating The Florida Bar; 4-1.6. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, March 2, 2023 8:54 AM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] License Question Here are some initial thoughts to kick off discussion on the always fun ch. 489 licensure questions: 1. It is not clear where the asphalt, curb and drain work is taking place. Assuming this scope is being performed as part of street or road construction, there would be no ch. 489 licensure issue due to the exemption from Part 1 of ch. 489 found at Fla. Stat. s. 489.103(1). 1. Assuming the work is taking place in a parking lot or location other than a road or street, it gets interesting: 1. Starting with the definitions found at Fla. Stat. s. 489.105, work on asphalt and curbs does not appear to expressly fall within any of the listed licensure descriptions applicable to Division II contractors under s. 489.105(3)(d)-(o). Assuming the reference to “drains” refers to stormwater drains, the work on drains appears to fall within the “storm sewer collection system” scope of work applicable to an underground utility and excavation contractor at Fla. Stat. s. 489.105(3)(n). 1. After working through the statutory definitions, the next relevant portion of ch. 489 appears to be Fla. Stat. s. 489.113. Under Fla. Stat. s. 489.113(2), an unlicensed subcontractor may work under the supervision of a licensed contractor under the following conditions: (i) the work is within the scope of the supervising contractor’s license, (ii) the supervising contractor is responsible for the work, and (iii) the unlicensed subcontractor being supervised is not performing work for which a contractor must be licensed as a Division II contractor under s. 489.105(3)(d)-(o). 1. Under Fla. Stat. s. 489.113(3)(d), a CGC may perform any of the services for which a license as an underground utility and excavation contractor is required. Accordingly, romanette (i) above is satisfied. Satisfying romanette (ii) above should not be a heavy lift assuming the CGC is on the site permit and is contracted to the Owner. The analysis of romanette (iii) above is tricky. On the one hand, stormwater collection system work such as storm drains appears to fall within the licensure scope of an underground utility contractor pursuant to 489.105(3)(n). On the other hand, stormwater collection system work may expressly be performed by a CGC and is not restricted to the Division II underground utility license. It comes down to whether work on drains and stormwater collection systems is work “that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o)”. Since a CGC may lawfully perform such work, I would argue that drain work does not require a license under s. 489.105(3)(n) and accordingly romanette (iii) above is satisfied. This interpretation is bolstered by the text of s. 489.113(3) which lists various Division II scopes of work that a CGC must subcontract to a properly licensed Division II subcontractor. Missing from the list is the s. 489.105(3)(n) underground utility and excavation contractor scope. 1. In sum, I believe there is a credible argument that an unlicensed sub working under a CGC may perform the asphalt, curb and drain scopes under the supervision of the CGC without violating ch. 489. Michael Gibbons Shareholder 215 N. Eola Dr. | Orlando, FL 32801 D: 407.418.6378 | P: 407.843.4600 | Ext: 1378 Email<mailto:Michael.Gibbons@lowndes-law.com> | Website<https://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=5Fs2dr12YxsoGROb3aVnLF8QOK91IOJjdC3eFPlTsu4&e=> | Bio<https://urldefense.proofpoint.com/v2/url?u=http-3A__lowndes-2Dlaw.com_people-2Ddetail_client_Michael-2DGibbons&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=QuijPPv3nOHpqGepIwOShc32SbzASKYMaxe9k4Rob8Y&e=> | vCard<https://urldefense.proofpoint.com/v2/url?u=https-3A__lowndeslaw.dpmlocal.com_admin_vcard_generate.php-3Fid-3D64&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=PCkHdcsk_h3zjTTG8JRqG8GDaAjad3apBe-VioehKTg&e=> [cid:image008.png@01D94D0F.6A2D4460] LOCAL ROOTS. BROAD REACH. SM From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion Sent: Wednesday, March 1, 2023 10:58 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] License Question CAUTION: THIS IS AN EXTERNAL EMAIL Evening all. I have a license question. If a sub, let’s say an unlicensed underground contractor doing curbs, drains, and asphalt, signs a subcontract with a licensed GC. Is that sub automatically “covered” by the GC’s license such that it does not need its own license to perform that work? If so, or if not, can someone point me to the statute, rule or regulation that requires that sub to have its own license? Thank you. Regards, Alex Barthet Board Certified in Construction Law TheLienZone Construction Law Blog<https://urldefense.proofpoint.com/v2/url?u=https-3A__protect-2Dus.mimecast.com_s_JhCZCpYXZqHzk7k5s2LAKq_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=NAXSUPLPjBddwYVE-He6c28IeRpN5eYxGd8Wa4dGhUk&e=> Biography<https://urldefense.proofpoint.com/v2/url?u=https-3A__protect-2Dus.mimecast.com_s_lmqbCqxMQrTOBVB9hqXRv6_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=cn7k-l17dH87-kTChfW_qH4kDklWDcs6tfrrtl5LiRk&e=> The Barthet Firm 200 S. Biscayne Blvd., Suite 1650 Miami, Florida 33131 305-347-5295 (direct line) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__protect-2Dus.mimecast.com_s_zbtuCv29QzuW1R1vcwMJGd_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=TVLt0s_dvJ5jHgINL0whCuPJOhypoG92PIxTWeheaRU&m=IRfcWT64lWK00-jD8wxasl2sAkA8BChYA6GvbM2fwLo&s=OtSzBiPGRxrpoxWKLQ5fjdzzfDHfo9nC8v6ilYjhZgU&e=> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you. Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30] Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. [v4.30]