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Can a FL contractor withhold payment from an out-of-state (licensed) contractor acting as a subcontractor for project? ?

FloridaConstruction ContractPay Applications

I'm a NC unlimited General Contractor, but I am about to sign-on as a subcontractor for exterior work on a large commercial project in FL. I am not licensed in FL as a contractor or registered to do business there. I have confirmed with the licensing board that I am not required to obtain a FL GC license or pull any permits as subcontractor. However, before I sign the contract, is there anything I should be concerned with over any payments contractor may withhold for me for not being registered (in NC if you are not unlimited, technically payment for a project/invoice over your license limits may be withheld from you). Thank you.

3 replies

Oct 29, 2020

What is the scope of work you will be performing? If the scope of work requires a license in Florida, then the fact that you don't have a Florida license may render your contract null, meaning the GC would not have to pay you. You should consult with an attorney about what your options are regarding this before starting work. 

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Oct 29, 2020
exterior siding for a commercial building is the work our company will be performing as a subcontractor.
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Oct 29, 2020

A state license would not be required for that work. You may want to check with the county where you'll be working to see if a local or specialty license is required.

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