Empathy List Archives

RJ

Reese J. Henderson, Jr.

Tue, Sep 13, 2011 1:57 PM

Can anyone point me to authority on whether state or local licensing
laws apply to contractors working on a federal project? I'm guessing
the supremacy clause prevails, but any authority on point would be
appreciated.

Thanks,

Reese J. Henderson, Jr.
Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com
www.tritthenderson.com

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com www.tritthenderson.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

EK

Ed Kinberg

Tue, Sep 13, 2011 2:16 PM

Reese;

State and local law does not apply to work performed on Federal property
where there is exclusive Federal jurisdiction. There are typically
places like NASA, Homestead, Patrick AFB or other free standing
installations. In those jurisdictions there are no building permits and
no local building official inspections.

I haven't had to look at the rule for federally leased private property
in years, but, without research, I would say local rules apply and a
license is required.

To me the bottom line is that if a building permit is required, a
license if probably required.

As an interesting side note, most, if not all, federal construction
contracts include a provision that requires compliance with state law
but I have never seen it enforced.

If you want to pass the question onto an internet discussion group of
Government contract professionals, go to WIFCON.com and click on the
third tab from the left on the title bar, this will take you a
discussion group page where you post this question and see how different
answers you can get.

If you would like to call to discuss in more detail, please feel free to
do so.

ed

Ed Kinberg

Fellow, National Contract Management Association

Board Certified, Construction Law Attorney

Government Contract Law, Construction Law, and Business Law

Attorneys At Law

1290 W. Eau Gallie Boulevard

Melbourne, FL 32935

Tel. (321) 259-1910

Fax (321) 259-1996

www.kblegal.com

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communication in error, please notify us immediately by telephone, and
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Replies Filtered: Any incoming reply to this e-mail communication or
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"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.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2011 9:57 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] State licensing laws on a federal
project

Can anyone point me to authority on whether state or local licensing
laws apply to contractors working on a federal project? I'm guessing
the supremacy clause prevails, but any authority on point would be
appreciated.

Thanks,

Reese J. Henderson, Jr.

Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/

CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
information, subject to the attorney-client privilege and intended only
for the use of intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately of the error by return email and please
permanently remove any copies of this message from your system and do
not retain any copies, whether in electronic or physical form or
otherwise. Unauthorized interception of this e-mail is a violation of
federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue
Service Circular 230, we advise you that any federal tax advice
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of:
(1) avoiding penalties that maybe imposed under the Internal Revenue
Code or (2) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA")
(Florida Statutes Section 668.50): If this communication concerns
negotiation of a contract or agreement, UETA does not apply to this
communication; contract formation in this matter shall occur only with
manually-affixed original signatures on original documents.

Reese; State and local law does not apply to work performed on Federal property where there is exclusive Federal jurisdiction. There are typically places like NASA, Homestead, Patrick AFB or other free standing installations. In those jurisdictions there are no building permits and no local building official inspections. I haven't had to look at the rule for federally leased private property in years, but, without research, I would say local rules apply and a license is required. To me the bottom line is that if a building permit is required, a license if probably required. As an interesting side note, most, if not all, federal construction contracts include a provision that requires compliance with state law but I have never seen it enforced. If you want to pass the question onto an internet discussion group of Government contract professionals, go to WIFCON.com and click on the third tab from the left on the title bar, this will take you a discussion group page where you post this question and see how different answers you can get. If you would like to call to discuss in more detail, please feel free to do so. ed Ed Kinberg Fellow, National Contract Management Association Board Certified, Construction Law Attorney Government Contract Law, Construction Law, and Business Law Attorneys At Law 1290 W. Eau Gallie Boulevard Melbourne, FL 32935 Tel. (321) 259-1910 Fax (321) 259-1996 www.kblegal.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. 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. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, September 13, 2011 9:57 AM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] State licensing laws on a federal project Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com <mailto:%5Be-mail%5D> www.tritthenderson.com <http://www.tritthenderson.com/> CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

TA

Tim Atkinson

Tue, Sep 13, 2011 2:37 PM

See Section 489.103(8), Florida Statutes.

Tim

Timothy P. Atkinson*
Oertel, Fernandez, Cole & Bryant, P.A.
PO Box 1110, Tallahassee, FL 32302
850.521.0700-w | 850.521.0720-f | 850.544.5304-m

Board Certified State and Federal
Government and Administrative Practice

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2011 9:57 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] State licensing laws on a federal project

Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated.

Thanks,

Reese J. Henderson, Jr.

Board Certified Construction Attorney

[cid:image001.jpg@01CC7201.16619750]

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/

[cid:image002.jpg@01CC7201.16619750]

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

See Section 489.103(8), Florida Statutes. Tim Timothy P. Atkinson* Oertel, Fernandez, Cole & Bryant, P.A. PO Box 1110, Tallahassee, FL 32302 850.521.0700-w | 850.521.0720-f | 850.544.5304-m * Board Certified State and Federal Government and Administrative Practice From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, September 13, 2011 9:57 AM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] State licensing laws on a federal project Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney [cid:image001.jpg@01CC7201.16619750] 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com <mailto:%5Be-mail%5D> www.tritthenderson.com<http://www.tritthenderson.com/> [cid:image002.jpg@01CC7201.16619750] CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

RJ

Reese J. Henderson, Jr.

Tue, Sep 13, 2011 2:39 PM

Thanks for all the responses. I am aware of the statutory exemption
(which was brought to my attention almost the second that I sent my
email) and have also located additional case authority. Thanks again to
all.

Reese

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim
Atkinson
Sent: Tuesday, September 13, 2011 10:37 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] State licensing laws on a
federalproject

See Section 489.103(8), Florida Statutes.

Tim

Timothy P. Atkinson*

Oertel, Fernandez, Cole & Bryant, P.A.

PO Box 1110, Tallahassee, FL 32302

850.521.0700-w | 850.521.0720-f | 850.544.5304-m

Board Certified State and Federal

Government and Administrative Practice

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2011 9:57 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] State licensing laws on a federal
project

Can anyone point me to authority on whether state or local licensing
laws apply to contractors working on a federal project? I'm guessing
the supremacy clause prevails, but any authority on point would be
appreciated.

Thanks,

Reese J. Henderson, Jr.

Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/

CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
information, subject to the attorney-client privilege and intended only
for the use of intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately of the error by return email and please
permanently remove any copies of this message from your system and do
not retain any copies, whether in electronic or physical form or
otherwise. Unauthorized interception of this e-mail is a violation of
federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue
Service Circular 230, we advise you that any federal tax advice
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of:
(1) avoiding penalties that maybe imposed under the Internal Revenue
Code or (2) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA")
(Florida Statutes Section 668.50): If this communication concerns
negotiation of a contract or agreement, UETA does not apply to this
communication; contract formation in this matter shall occur only with
manually-affixed original signatures on original documents.

Reese J. Henderson, Jr.
Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com
www.tritthenderson.com

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

Thanks for all the responses. I am aware of the statutory exemption (which was brought to my attention almost the second that I sent my email) and have also located additional case authority. Thanks again to all. Reese From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson Sent: Tuesday, September 13, 2011 10:37 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] State licensing laws on a federalproject See Section 489.103(8), Florida Statutes. Tim Timothy P. Atkinson* Oertel, Fernandez, Cole & Bryant, P.A. PO Box 1110, Tallahassee, FL 32302 850.521.0700-w | 850.521.0720-f | 850.544.5304-m * Board Certified State and Federal Government and Administrative Practice From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, September 13, 2011 9:57 AM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] State licensing laws on a federal project Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com <mailto:%5Be-mail%5D> www.tritthenderson.com <http://www.tritthenderson.com/> CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com www.tritthenderson.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

RJ

Reese J. Henderson, Jr.

Tue, Sep 13, 2011 5:43 PM

At the request of the CLC Chair (my partner, Arnie), I'm providing the
following cases that I located on point, for the benefit of everyone who
is interested in this topic:

Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956) - per curiam
opinion of SCOTUS reversing Supreme Court of Arkansas and holding the
Arkansas Contractors Licensing Board had no jurisdiction over a
successful bidder on a federal government construction project.

U.S.P.S. v. City of Hollywood, 974 F. Supp. 1459 (S.D. Fla. 1997) -
Judge Middlebrooks, after a bench trial, issues an order enjoining the
City of Hollywood, Florida from enforcing its local building code and
building permit regulations against a contractor constructing a new
postal facility on private land leased to the U.S. Postal Service.

Reese

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim
Atkinson
Sent: Tuesday, September 13, 2011 10:37 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] State licensing laws on a
federalproject

See Section 489.103(8), Florida Statutes.

Tim

Timothy P. Atkinson*

Oertel, Fernandez, Cole & Bryant, P.A.

PO Box 1110, Tallahassee, FL 32302

850.521.0700-w | 850.521.0720-f | 850.544.5304-m

Board Certified State and Federal

Government and Administrative Practice

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2011 9:57 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] State licensing laws on a federal
project

Can anyone point me to authority on whether state or local licensing
laws apply to contractors working on a federal project? I'm guessing
the supremacy clause prevails, but any authority on point would be
appreciated.

Thanks,

Reese J. Henderson, Jr.

Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/

CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
information, subject to the attorney-client privilege and intended only
for the use of intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately of the error by return email and please
permanently remove any copies of this message from your system and do
not retain any copies, whether in electronic or physical form or
otherwise. Unauthorized interception of this e-mail is a violation of
federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue
Service Circular 230, we advise you that any federal tax advice
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of:
(1) avoiding penalties that maybe imposed under the Internal Revenue
Code or (2) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA")
(Florida Statutes Section 668.50): If this communication concerns
negotiation of a contract or agreement, UETA does not apply to this
communication; contract formation in this matter shall occur only with
manually-affixed original signatures on original documents.

Reese J. Henderson, Jr.
Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com
www.tritthenderson.com

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law.

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At the request of the CLC Chair (my partner, Arnie), I'm providing the following cases that I located on point, for the benefit of everyone who is interested in this topic: Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956) - per curiam opinion of SCOTUS reversing Supreme Court of Arkansas and holding the Arkansas Contractors Licensing Board had no jurisdiction over a successful bidder on a federal government construction project. U.S.P.S. v. City of Hollywood, 974 F. Supp. 1459 (S.D. Fla. 1997) - Judge Middlebrooks, after a bench trial, issues an order enjoining the City of Hollywood, Florida from enforcing its local building code and building permit regulations against a contractor constructing a new postal facility on private land leased to the U.S. Postal Service. Reese From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson Sent: Tuesday, September 13, 2011 10:37 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] State licensing laws on a federalproject See Section 489.103(8), Florida Statutes. Tim Timothy P. Atkinson* Oertel, Fernandez, Cole & Bryant, P.A. PO Box 1110, Tallahassee, FL 32302 850.521.0700-w | 850.521.0720-f | 850.544.5304-m * Board Certified State and Federal Government and Administrative Practice From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, September 13, 2011 9:57 AM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] State licensing laws on a federal project Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com <mailto:%5Be-mail%5D> www.tritthenderson.com <http://www.tritthenderson.com/> CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents. Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com www.tritthenderson.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

EK

Ed Kinberg

Tue, Sep 13, 2011 5:44 PM

Florida law does not apply to exclusive jurisdiction federal
reservations.

Ed

Ed Kinberg

Fellow, National Contract Management Association

Board Certified, Construction Law Attorney

Government Contract Law, Construction Law, and Business Law

Attorneys At Law

1290 W. Eau Gallie Boulevard

Melbourne, FL 32935

Tel. (321) 259-1910

Fax (321) 259-1996

www.kblegal.com

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From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim
Atkinson
Sent: Tuesday, September 13, 2011 10:37 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] State licensing laws on a
federalproject

See Section 489.103(8), Florida Statutes.

Tim

Timothy P. Atkinson*

Oertel, Fernandez, Cole & Bryant, P.A.

PO Box 1110, Tallahassee, FL 32302

850.521.0700-w | 850.521.0720-f | 850.544.5304-m

Board Certified State and Federal

Government and Administrative Practice

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Reese J. Henderson, Jr.
Sent: Tuesday, September 13, 2011 9:57 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] State licensing laws on a federal
project

Can anyone point me to authority on whether state or local licensing
laws apply to contractors working on a federal project? I'm guessing
the supremacy clause prevails, but any authority on point would be
appreciated.

Thanks,

Reese J. Henderson, Jr.

Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson@atritt.com mailto:%5Be-mail%5D
www.tritthenderson.com http://www.tritthenderson.com/

CONFIDENTIALITY NOTICE: The information and all attachments contained in
this electronic communication are legally privileged and confidential
information, subject to the attorney-client privilege and intended only
for the use of intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately of the error by return email and please
permanently remove any copies of this message from your system and do
not retain any copies, whether in electronic or physical form or
otherwise. Unauthorized interception of this e-mail is a violation of
federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue
Service Circular 230, we advise you that any federal tax advice
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of:
(1) avoiding penalties that maybe imposed under the Internal Revenue
Code or (2) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act ("UETA")
(Florida Statutes Section 668.50): If this communication concerns
negotiation of a contract or agreement, UETA does not apply to this
communication; contract formation in this matter shall occur only with
manually-affixed original signatures on original documents.

Florida law does not apply to exclusive jurisdiction federal reservations. Ed Ed Kinberg Fellow, National Contract Management Association Board Certified, Construction Law Attorney Government Contract Law, Construction Law, and Business Law Attorneys At Law 1290 W. Eau Gallie Boulevard Melbourne, FL 32935 Tel. (321) 259-1910 Fax (321) 259-1996 www.kblegal.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. 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. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Tim Atkinson Sent: Tuesday, September 13, 2011 10:37 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] State licensing laws on a federalproject See Section 489.103(8), Florida Statutes. Tim Timothy P. Atkinson* Oertel, Fernandez, Cole & Bryant, P.A. PO Box 1110, Tallahassee, FL 32302 850.521.0700-w | 850.521.0720-f | 850.544.5304-m * Board Certified State and Federal Government and Administrative Practice From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Tuesday, September 13, 2011 9:57 AM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] State licensing laws on a federal project Can anyone point me to authority on whether state or local licensing laws apply to contractors working on a federal project? I'm guessing the supremacy clause prevails, but any authority on point would be appreciated. Thanks, Reese J. Henderson, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Reese.Henderson@atritt.com <mailto:%5Be-mail%5D> www.tritthenderson.com <http://www.tritthenderson.com/> CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.