An unlicensed general contractor or other intermediary may not offer to provide and may not provide a regulated service. Any contract to which an unlicensed general contractor is a party which also involves regulated services must include a licensed subcontractor and must meet the following requirements:
- (1) the offer, bid, or proposal, and any related advertisements, must clearly and conspicuously state that the general contractor or broker is not licensed to perform the service in question, and that the regulated service is to be provided exclusively by a licensed party;
- (2) the contract and any bid or offer to perform a regulated service must identify the licensee by name and licensee number;
- (3) the licensed subcontractor must be an expressed party to the contract; and
- (4) the contract must clearly and conspicuously provide that the licensee is fully responsible for the regulated service and that the unlicensed general contractor will have no involvement in the regulated service.
Source Note:The provisions of this §35.14 adopted to be effective December 11, 2008, 33 TexReg 10049.