Need Advice Independent contractors license

[yeahbuddy24]

Hello i have been a long time lurker of this site. i have a quick question. I run a Tree Service with my father he has been climbing since the early 70's and i of course love the work and want to follow in the footsteps. My question is some of the season is slow around this part of the country and i have a friend who does small landscraper (yes landscaper) projects. I know tree work and landscaping have nothing to do with each other. I am simply helping him with some of his projects while i have some down time. He wants me to get an Independent Contractors License. In my state as far as i know you do not need a ICL to do tree work. (Yes i know a Certified Arborist is directly related to tree work) I have lots of tree equipment but nothing to do with general landscaping, therefore i do not care to get a Independent Contractor License since i am not interested in doing landscape projects unless i help my friend out. So i was hoping for some input. i dont want the government breathing down my back more than i need ya know! I already keep logs of all my projects and paperwork for my tree biz and am legit. I dont want to do more paperwork and risk my business just for his benefit. What do you all think? Thanks much!!

 

[rarefish383]

OK, I'm not quite sure I'm following you, but this is how it sounds to me. Kinda like "a square is a rectangle, but a rectangle is not a square". We were licensed and insured arborists in MD. We could do landscaping under our insurance, the ins co considered planting bushes, trees, flowers, etc as a normal course of work for us. But a landscaper was in no way, shape, or form, OK to do tree work. Tree work is not in his normal course of work. Follow me?

We had a friend that was a landscaper in Wash DC that we would help. We were licensd in MD, VA, and DC. If he had tree work to be done as part of a lanscaping job we did it and that work fell under our insurance and license. I guess you can say we were contractors, but we didn't need any contractors license, all work fell under our MD Tree Expert License. If we were helping him do landscaping work, just because he needed our bigger trucks or what ever, we were still covered by our insurance, because we were using our equipment. Now, if Dad gave "me" to our friend to use for a couple days, I went on his ins and payroll.

A lot of guys in MD will get their MHIL, that's Maryland Home Improvement License, thinking that covers any and all work done at a private residence. WRONG, it covers mostly construction related work, maybe even landscaping, but definatly not tree work.

Since you mentioned certification, being certified does not mean licensed to practice work under that certification. Even though your state may use the ISA test for thier license. If I'm ISA certified in Wyoming, I just can't come to MD and say I'm licensed, and start working, I still have to go through the MD licensing process.

So, what I'm saying is, if you are licensed and insured to do tree work in your state, I'm sure you can do landscaping under your license, ask your insurance company. You don't need any extra general contractors license.

Now, if your not licensed, and your friend thinks that an ICL will make every thing honky dory, WRONG again.

I know every one has to start some where, and can't always afford all of the expenses of doing business legally. But, you said your company has been in business for close to forty years and you shouldn't be in this "just getting started" positioin.

Anyway, as I see it you should be OK for any landscaping you want to do, just ask your insurance company. Good luck, Joe.

 

[rarefish383]

Oh, sorry for being rude, welcome to the site, Joe.

 

[yeahbuddy24]

Joe you were not rude at all! you have helped me see this from another prospective is all. I see that a rectangle cannot be a square that is why im not going to get the Independent Contractors License i have decided. Again i really have no interest in taking off in the landscape direction except to help a buddy when times are slow. We will not be using any of my equipment except if we were doing some type of removal or large prune job. In that case he would be subbing me out it seems to me. In the city i work in the Independent Contractors License dosent fit into any category of tree removal or pruning, unless i were to dig a hole of some sort on the property. So it seems to me that he may just want to dodge some extra paper work and tax fees so he wouldent have to pay me as an employee but rather a independent contractor. Sorry for the confusing question this issue just came up and i just wanted some input.

 

[rarefish383]

That's pretty much how it was with Dad and his buddy. He got paid for the whole job. Then he paid us just like he was our customer. Basically he was subbing us out. More often than not he just handed Dad a wad of cash. Dad passed away in 04, so if Uncle Sam reads this, Dad would get a kick out of him coming after the back taxes, Joe.

 

[Don't-B-Stumped]

In the county where I live in Florida, landscapers can't cut trees and tree guys can't do landscape. Separate licenses. In another county near here its the same license for both professions. One county makes it a bit tough to do business and the other county way too easy. The county that has the same license for both professions doesn't require proof of insurance either. I find that kind of strange.

 

[yeahbuddy24]

Its really is crazy how so many different states and counties have different rules and regulations. I am all for tree work not to be in the same boat as landscaping or other outdoor jobs. It gives us some pride! and separates us from the other guys.