Construction Industry Licensing Board Part II – Proper Methods for Certified General Contractor to Obtain Roofing Experience

Many Florida contractors and license holders have a general understanding of the Florida Construction Industry Licensing Board (“CILB”), but like many quasi-judicial bodies, it can remain a mystery to those who practice and appear in front of the CILB. For those who chose to appear pro se in front of the 18 member CILB to resolve and discuss licensing issues, the prospect may seem downright daunting. This post will cover some specific information that license holders and his/her attorney should know before they appear in front of the CILB.

Often times, an already licensed certified general contractor will come to the board seeking approval as a certified roofing contractor. In order to achieve the license, the applicant must be able to demonstrate that they have the requisite experience with the tools in the trade. The applicant can be given credit for the experience if they have schooling in college level courses. They must be under the direct employ and supervision of the licensed roofing contractor. Therein lies the wrinkle.

A certified general contractor can contract to construction almost anything in the state, however they are required to subcontract certain portions of the work as stated in Sections 489.105(3)(d)-(o), Florida Statutes. Within the requirements to subcontract is the roofing scope of work. This means that while certified general contractors can contract for the roofing work, they cannot self-perform the roofing work. However, with all rules there are exceptions:

489.113(b) A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on a new building of his or her own construction.

In order to qualify for the proper experience, the certified general contractor needs to show experience in all aspects of roofing. They can install shingles and shakes on a new building, but they cannot do roof repairs, roof additions, metal roofs, concrete tile, built up, modified bitumen or roll roofing. Experience in only one aspect of roofing is insufficient and will usually lead to a denial of the application.

Additionally, many certified general contractors will try to claim roofing experience for when they are supervising the roofing subcontractor on their builds. Remember, in order to obtain the experience, the applicant must be directly employed by the roofer. Most certified general contractors do not want to quit their jobs to work for a roofer. Another avenue for the certified general contractor to be supervised is if the company he/she qualifies hires a licensed roofer and that roofer also qualifies the same company. That way, the certified general contractor can contract and perform all types of roofing work and establish the requisite experience under a licensed roofer.  An understanding of the licensing statute and its nuances will assist lawyers and licensees in achieving their licensing needs.