[CLC-Discussion] Licensure Question - Commercial Water Treatment/Filtration Systems and Facilities

[Hardy Roberts]

Leslie,

Here are some thoughts...

You've probably considered the exemptions at Sec. 489.103 including those at (6) and (15).

I think the design-build exemptions in Chapter 471, 481, and 489 should make either an engineering, architectural, or general contracting license suffice, if necessary, as long as the proper scope(s) are subcontracted out to the appropriately licensed company(ies).

Whether a GC or electrical license is required depends on a close examination of the work. I think considering whether structural activities are occurring, what's being demolished (see Sec. 489.105(3)), and what kind of electrical work is happening would be good places to start.

If engineering sub-consultants are hired by the company to fulfill part of the scope of the prime contract, I think this suggests that the company needs either an engineering license or else a GC license (so it can take advantage of the design-build exemption at Section 471.003(2)(i)).

Hardy

Hardy L. Roberts
Carey O'Malley Whitaker Mueller Roberts & Smith P.A.
Direct: 813-345-5212


On Feb 12, 2017, at 5:31 PM, "leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>" <leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>> wrote:

Good evening. Hope you all have had a great weekend!  I have a general licensure question that I am hoping someone has some experience with ......


  *   Presume we have a company which specializes in the design and manufacture of complex commercial water filtration systems for large facilities.
  *   The company has been asked to not only design and fabricate the water system (some of which happens off site and out of state), but to remove/demolish the owner's existing system and install the new system on site.
  *   The on site work includes the installation of storage tanks, pumps, compressors, ducting, control valves, and other equipment, plus the electrical wiring, the foundations and structural systems necessary to support same.
  *   The work would involve the hiring of subcontractors to perform the on site work and to fabricate some of the components, as well as the hiring of local engineering sub-consultants with respect to the on site installation (all of which would be supervised, scheduled and controlled by the company).

Presume this company is not licensed as a general contractor or an engineer with the Fla. Department of Business and Professional Regulation.  What type of licensure would this company actually need in order to offer these services?  Is this company required to be a licensed engineering firm under Chap. 471, Fla. Statutes or a licensed GC under Section 489, Fla. Statutes, or both?  I am wondering if there are any exceptions or factual distinctions for this type of manufacturing or systems I may be overlooking.



Leslie Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>

<image002.png>


vCard<http://www.akerman.com/bios/vcard.asp?id=673> | Bio<http://www.akerman.com/bios/bio.asp?id=673>

<http://www.akerman.com/>

[http://www.akerman.com/akermansig.jpg]

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.



_______________________________________________
CLC-Discussion mailing list
CLC-Discussion at lists.flabarrpptl.org<mailto:CLC-Discussion at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/clc-discussion
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20170213/6fa8a6f7/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 188 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20170213/6fa8a6f7/image002-0001.png>