Florida Building Contractor Business/Finance Practice Exam

In Florida, if a contractor uses an unlicensed subcontractor, the responsibility for code violations falls on:

1. The subcontractor alone

2. The homeowner

3. Both the contractor and subcontractor

4. The insurance company

The correct answer is: Both the contractor and subcontractor

In Florida, if a contractor hires an unlicensed subcontractor, both the contractor and the subcontractor share the responsibility for any code violations that occur. This is because the primary contractor is ultimately responsible for ensuring that all aspects of the construction project, including the work performed by subcontractors, comply with local building codes and regulations. When a contractor elects to work with an unlicensed subcontractor, they expose themselves to legal liabilities and potential penalties since the law necessitates that all construction work must be performed by individuals or firms that hold the necessary licenses. The contractor is expected to vet subcontractors to ensure compliance with licensing requirements as part of their duty of care. If any code violations arise from the work done by the unlicensed subcontractor, both parties can be held accountable, making it important for contractors to employ licensed individuals. Considering the responsibilities of the parties involved, it becomes clear why the contractor cannot simply absolve themselves of responsibility by subcontracting work to an unlicensed entity. This policy is in place to promote safety, quality, and adherence to building standards, which are essential for protecting property and lives.