Fort Myers News-Press
In areas hit hard by Hurricane Ian, signs popped up all across the region warning that it was against the law to do contracting work without a license.
But some ignored those warnings, selling their services as plumbers, electricians or construction experts without a license.
Since August, three Southwest Florida residents have been the subject of four complaints by the state’s Department of Business and Professional Regulation (DBPR) for performing construction work in Lee and Collier counties without a license.
At least two of the men misrepresented someone else’s license as their own to the customers.
While in some circumstances it is legal to work under another contractor’s license in Florida, such as under a provision known as a qualifier, which allows someone to rent another’s license, it is illegal to misrepresent another’s license as your own. Unlicensed contractors can face fines of up to $10,000, per Florida Statute 489.12, and could see additional civil or criminal charges brought against them.
An administrative complaint was filed in August against Naples resident James Noel McCommon for doing business as South West Florida Home Pros sans Florida contracting license. McCommon presented a license belonging to Krzyztof Rydzik to the homeowner, and received payment for plumbing done on a Naples home, the complaint states, despite the fact that neither McCommon nor South West Florida Home Pros were registered or qualified to perform plumbing in Florida.
That same month, Scott Allen Norelius of Cape Coral was the subject of another complaint for performing unlicensed roofing work on a Cape Coral home under the business name of Sunny Day Construction, Inc.
Norelius presented a business card with a valid Florida’s roofing license number belonging to a Jared Ray Potter as his own, but was at no point qualified to conduct the work he did in Florida, the complaint stated.
Cape Coral resident Dudley M. McClain was the subject of two complaints: one for unlicensed contracting done under the business name BTC FL Inc. –– that complaint details that McClain did some plumbing and installed a vanity in a Fort Myers home –– and another for replacement of electrical outlets without a license on the same home.
An administrative complaint is filed against a contractor if the state’s DBPR found probable cause the contractor violated a particular statute or rule, said DBPR communications manager MK Delegal.
Neither Norelius nor McCommon were reachable by phone. However, The News-Press / Naples Daily News spoke with McClain, who said the complaints were wrongly issued in his name –– they were supposed to be issued against the general contractor he was working for at the time, he said.
“I don’t have a clue what happened”
“I don’t have a clue what happened, McClain said. “We were subcontractors, we didn’t have anything to do with electric and plumbing. They did their investigation and didn’t fine us.”
McClain said he only performed drywall work at the job.
DBPR officials, however, maintain the administrative complaints were correctly issued, and an investigation was triggered by a complaint by BTC FL Inc.’s owner, Gregory G. Bertold, alleging McClain used his name and license when performing electrical work without a license.
McClain is not a licensed electrical contractor according to state records, and the investigation shows that on 3/1, a Fort Myers resident contracted with McClain for work on a home totaling roughly $32,500.
McClain was paid roughly $22,000 for the job between March and May, both in cash and via Zelle under the names “Bud” McClain and Shawn McClain, financial records show.
A state-provided copy of the investigation says that McClain was “very cooperative” during the investigation, and told officials that he did not intend to contract for any regulated trades and did not do so. He said he contracted electrical and plumbing work out to licensed contractors, as per his contract, and paid Bergtold for the use of his license.
However, Delegal said in an email that what McClain did is still illegal.
“A contractor may subcontract out certain types of work to other individuals, but if the work being performed requires licensure (electrical, plumbing, etc.), then that person must have the requisite contracting license as well,” Delegal wrote.
McClain has two open cases against him in the state of Maryland alleging he did work without a contractor’s license in 2017, and two more for fraud and crimes against property stemming from the same incident.
A search of the DBPR licensing database did not return contractor or subcontractor licenses for any of the three men.
How can I protect myself from hiring an unlicensed contractor?
Fort Myers-based personal injury attorney Michael McQuagge suggested that when vetting potential contractors, homeowners first search Sunbiz to verify the legitimacy of the contractor’s business. He also recommended homeowners search DBPR’s website, which includes a searchable database of complaints against unlicensed contractors.
Customers can also independently verify their contractors’ license by going to myfloridalicense/DBPR and clicking on “verify a license.”
Delegal suggested customers take these additional steps to avoid contractor fraud:
- Remember that an occupational license does not qualify an individual to act as a contractor.
- Remember that being registered with the Division of Corporations as an Inc. or LLC does not qualify an individual or company to act as a contractor.
- Always get a written estimate, including work, materials, completion date and total cost.
- Beware of contractors who claim to be the fastest and cheapest.
- Check local building departments for any local license requirements.
Before signing a contract, consumers are encouraged to make sure the contract includes:
- The contractor’s name, street address, telephone number and state license number.
- A precise description of work to be completed, including a work completion timeline and list of materials.
- Completion date, including cleanup after the work is finished.
- Warranty agreements, including length, terms and recourse.
- A notice of consumers’ rights under the Florida Homeowners’ Construction Recovery Fund for contracts involving general, residential and building contractors.
Ways to spot an unlicensed contractor include:
- Having no workers’ compensation insurance.
- Targeting vulnerable people and taking advantage of homeowners’ needs for urgent repairs.
- Traveling in unmarked vehicles, soliciting door-to-door or having out-of-state tags.
- Giving a post office box address instead of a street address.
- Demanding large payments up front, asking for cash payments, or asking for full payment before the work is completed.
- Trying to convince homeowners a permit is not necessary or that it’s cheaper if the homeowner obtains it themselves.
Unlicensed activity can be reported via the department’s hotline at 1-866-532-1440, via email at ULA@MyFloridaLicense.com, via the DBPR app or on the department’s website.