Brief background:
On a project I was working on, a consultant was brought in to look at some of the piping work done by another contractor (not us). I was given one of his business cards.

He has his CGC license number on the card (State Certified General Contractor). His business card says he does project management, construction supervision and inspections. Ok.

I looked him up the DBPR site and his license is attached to a whole different company, a construction company.

So, my question is this: If your using your license to qualify a company (like he is with the Construction company) is it right and/or legal to, in effect, advertise that number on a business card for another business?

I don't want to get anyone in trouble, but as an EC holder myself, these things concern me.

Comments?

My understanding is, that number is yours, you were tested and achieved a passing score. That entitled you to recieve a number. You can use it for any of your personal dealings that you may like to under take. I'm currently the quilifying party for the company I work for but I also have another business that I use my license to file jobs agiainst and have never found it to cause any issues.
However I don't think I would have my number printed on all these public documents. Just seems to me that you maybe setting yourself up for someone to forge you name and use you number. If it can happen with a credit card whats to stop them from doing the same here.

As long as his name is on the license I don't see a problem with using more than one "DBA". If I am consulting I use another company name too.
Since this is a public record I don't see a danger in using your license number. Contractors have the license number painted on their trucks. As you found out, it makes it easy to check out their current status.

In the state of Florida you can only qualify one business with your license without going before the board.

You can only pull a permit under the business name your license is attached to, unless you pull one as a homeowner (which only works for your house).

So, if you pull a permit for work that is being done by someone other than the company your license is attached to....well, it's my understanding that's illegal.

I think the same restrictions apply when "advertising" using your license number for a business your license isn't attached to (i.e. either the primary or secondary qualifier).

I believe other states are very similar.

Maybe consulting would be different as you really don't need a license to "consult" depending on what you claim you can do.

[This message has been edited by Amazingmg (edited 05-18-2005).]

" His business card says he does project management, construction supervision and inspections. Ok."

I would be more concerned about the "inspection" thing. You do need a different license to be a code inspector. (although you don't need anything to be a "home inspector" or "job completion inspector" for a finance company)
The "supervision and management" part does not require a license if someone else is on the permits.
It appears he is just using his GC license to puff up his qualifications as a manager/supervisor without actually shouldering any of the responsibility.

Here in NJ the general contractor ( at the moment) does not need to be licensed. If you are an Electrical or Plumbing contractor in this state, your number is your own and that is it. It has to be you and your company and no one else. Your Lic. # has to be on your stationary, letter heads, bills, truck, buisness cards etc. No one else can use it or go under it unless they are your employee.
However this past year and this year our state is requiring ALL HOME IMPROVEMENT contractors to get a license. You will have to register with the state and give your insurence and net worth of your business so that the state can "Deem" you a legal business.

Well, thanks for the opinions. I'm not sure the matter is resolved in my mind. Still don't really understand if it is right or not.

I have an EC license which is "attached" to the business I work for. I am a qualifyer. Now is it right if I go create another business on the side and print business cards that have my EC number on them, even though my license is in no way attached to that business? Just doesn't sound right. Sounds like misrepresentation. If someone hired you DBA the second business, they think they are getting an EC, but they are not. Not legally anyway.

I don't really buy the whole, "the number is mine thing". Not here in Florida. Your license must be active and in order to be active you have to have insurance, bonding, etc. This things are done through whatever company you "qualify". That is the company your "number" is attached to.

The wording in N.C. is as follows.

0301. LISTED QUALIFIED INDIVIDUAL

A listed qualified individual cannot be "regularly on active duty", as the term is used in G.S. 87-43, during the hours when he has committed himself to work for an employer other than the employers on whose license he is the listed qualified individual. Therefore, no electrical contracting work can be done under a license during the hours its listed qualified individual has committed himself to duty as an employee in other employment. this would say that during the hours he was working as a consultant, his employees would not be allowed to work under his license, of course like I said, this is in N.C.

Statutory Authority G.S. 87-42; 87-43;
Eff. October 1, 1988; Amended Eff. February 1, 1990.

Roger

[This message has been edited by Roger (edited 05-19-2005).]

Hey! That's interesing, Roger!

I don't know if Florida has something written that specifically.

Now, proving it would be another matter.

Since he doesn't need anything but a county occupational license "qualify" his consulting business the inclusion of his contractor's license is just puffing. It has the same legal standing as saying he is a member of the better business bureau or the Lions Club.
If he was running 2 contracting companies that pull permits I see your concern. Personally I think the Florida licensing laws address insurance and bonding more than actual technical competance anyway. From what I can tell, the only time the "license" actually has to be involved is when the permit is pulled. In 8 years of inspecting I think I only saw the actual license holder on a job a couple times and he didn't have any dirt on his Gucci loafers.

I can see that. It's just being used as a "credential". Although, we aren't lawyers.


Agreed, although I did take the 8 hour state test (I wasn't "grandfathered in) and it is a bitch.


I don't wear Gucci's, but I resemble that remark!

I'm sure most license holders aren't the guy working on the individual jobs, even if they are just running back and forth from job to job or the supply house.

I can't remember the last inspector I saw.



[This message has been edited by Amazingmg (edited 05-19-2005).]

I do agree that using your license when it is not required is not a wise thing (you are exposed enough when you need to use the license) but I doubt there is any real legal issue.
The dual license folks I know are very careful to keep their exposures separate. The guys who contract and also have engineer licenses are very careful to be sure someone else stamps their plans. You only poke one dragon at a time I guess.