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Arborist For Hire in CT - bad idea?

Discussion in 'Business Management' started by IMLP140.6, Sep 7, 2019.

  1. IMLP140.6

    IMLP140.6 New Member

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    So, new to the site but I have known about it for years. I am a licensed arbosit in CT. In CT you need to be a licensed Arborist to “advertise, solicite, or contract to do any arboriculture within the state”. This includes pruning, thinning, and other things.

    I am a sales rep for an *** company and a client of mine approached me with a proposal. Since he is not a licensed arborist, he would like to use me as a contractor so he can solicit pruning work. Basically use my license. He’ll price the work and do it. I will be paid cash under the table.

    His insurance will cover workmans comp, property damage, vehicle insurance etc. If I have to look at a job I will use my own vehicle and pay for my own gas.

    SO, what do people think? He is gong to give me a good percentage of any pruning jobs, and I could use the cash. My biggest concern is my license. While I am not currently practicing arboriculture and may never go back to it, I still want to maintain my license. I look forward to the feedback.
     
  2. Leeroy

    Leeroy ArboristSite Guru

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    Tell him to get his own funny license.
     
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  3. noodlewalker

    noodlewalker ArboristSite Operative

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    My first thought is this... I'm a licensed electrician... If someone wants to use my license then wire a building on their own and give me a percentage of the profit, I'm hesitant.. keep in mind, the license holder bears all of the responsibility. My second thought is this.. you just advertised on a public forum that you will be paid under the table.. meaning not taxed. Watch for drones hovering over your house around tax time!
     
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  4. IMLP140.6

    IMLP140.6 New Member

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    Good point about the license and it was basically what I was thinking, but wanted to hear it from someone else. As far as taxes - I’m not sure how Uncle Sam would track me down or find a cash transaction between two people. Maybe I am missing something. Thanks
     
  5. noodlewalker

    noodlewalker ArboristSite Operative

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    I was just being ornery about the tax thing, but yes be careful with the licensing issue. If the guy is trustworthy and you are comfortable with the whole thing then go for it... Side cash is good to acquire, just keep a weather eye on the larger picture if something goes south, insurance will only do what they are required to do, and they don't get rich by paying claims..... the responsibility falls on the liscense.
     
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  6. Duce

    Duce Addicted to ArboristSite

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    Better have a qualified attorney look at his and your insurance policies, insurance companies make huge profits by denying claims and collecting from others.
     
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  7. ShneaSIG

    ShneaSIG ArboristSite Operative

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    Typically, there's boilerplate language in insurance policies that the insured must be acting in compliance with applicable law at the time the loss is suffered, or the insurance company can avoid the claim. If the OP goes down this path, if he ever tries to make a claim, that "reservation of rights" letter from the insurance company will be in the mailbox before he can even get home.

    Otherwise, letting someone "use your license" to avoid licensing laws is almost assuredly illegal in CT. If the OP gets caught, that probably means losing the arborist license or, at a minimum, a license suspension, and/or a fine by whatever administrative body oversees licensing and enforcement.

    Also, I have no idea if CT has any Consumer Fraud and Deceptive Business Practices type of legislation on its books (I'd bet it does...), but that would be another source of liability, either from the State's Attorney General's Office or from private civil actions by consumers. You'd probably be looking at problems like the unlicensed roofers typically face around here (at least, in Illinois) - they get caught sharing licenses when they get sued by a private party for screwing up a job, the Attorney General's office gets notified because of a consumer fraud claim (the deception over proper licensing allows that sort of a claim in Illinois), and then the arm of the Attorney General's Office that prosecutes professional standards and regulations usually gets involved and starts levying administrative fines, which the dopes try to run from and ignore, and then end up in the clink because their run and hide routine or refusal to acknowledge the fine escalates their problems to criminal charges. It's good times.
     

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