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CONSTRUCTION ISSUES

Attorney General Issues Opinion In Support of FDOT Contractors

Often confusion exists on county road and bridge construction projects regarding the difference between FDOT prequalification, licensure by the Construction Industry Licensing Board (CILB), and what a Florida county can require of the prime contractor. Attorney General Bill McCollum issued a formal written opinion on the subject on May 10 that clarifies the issue - and stands in lock step with the FTBA's viewpoint.

Noting the rigorous prequalification process used by FDOT, the Attorney General opined that FDOT prequalified contractors are presumptively qualified for county road and bridge projects and, therefore, are not required to maintain additional licenses. For those contractors who are not prequalified with FDOT, the county may set other prequalification requirements to work on its road and bridge projects, and those requirements may include an appropriate license from the CILB. Attorney General opinions are relied upon by judges and others in the legal system as persuasive authority in interpreting Florida law.

View the Attorney General opinion letter.




 
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