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Experience Shortfall and a Borrowed Qualifying Party

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Experience Shortfall and a Borrowed Qualifying Party

Maria has three years and two months of full-time framing and concrete experience with a Hilo contractor. She also has an associate degree in construction management and ten months supervising two helpers on a crew. For eight months she kept job files and ordered materials for her father's licensed company, but she did not direct crews or sign contracts. Maria formed Akamai Builders LLC and wants a general building license. The board's rule requires four years of experience in the classification, including at least one year of supervisory experience. A county-funded accessibility ramp project, valued at $210,000, requires a valid contractor license number on the bid form at submission. Maria's bid is due in three weeks. She asks whether she can use her father's license as the qualifying party "just for the bid," then obtain her own license after award.

1. Does Maria meet the experience requirement? Show your calculation and identify what counts.

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On the facts given, Maria falls short. Her full-time framing and concrete experience is three years and two months, or 38 months, against a 48-month requirement. Her supervisory experience is only 10 months, short of the required 12 months. The eight months of keeping job files and ordering materials for her father's company is unlikely to count as qualifying construction experience because she did not direct crews, supervise work, or sign contracts; clerical and procurement work is not the same as construction experience in the classification. Her associate degree may be considered by the board under its rules, but it does not automatically substitute for the hands-on and supervisory months, and she should not assume it closes a 10-month gap. The board would require verifiable employment records, dates, duties, and confirmation from supervisors. Maria should wait until she has at least 48 months of qualifying experience and at least 12 months of supervision before applying.

2. Can Maria use her father's license or qualifying party status for the bid? Why or why not?

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No. A contractor license is issued to a specific licensee, and a qualifying party must be actively engaged in that licensee's operations. Maria's father's license belongs to his company, not to Maria or Akamai Builders LLC. Using his license number on Akamai's bid would misrepresent the licensee and could be treated as unlicensed contracting or license lending. Even if her father agreed to act as Akamai's qualifying party, he would need to be a genuine officer or responsible managing employee with active involvement in Akamai's construction operations, not a name on a bid. The board would look at whether he actually supervises Akamai's work, controls crews, and bears responsibility. A temporary arrangement "just for the bid" is exactly the kind of license borrowing the board prohibits. Maria cannot lawfully submit the bid in Akamai's name without Akamai holding a license.

3. What lawful options does Maria have if she wants to pursue the ramp project?

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Maria has several lawful paths, none of which involves borrowing a license. She can wait until she meets the experience and supervisory requirements and then apply for Akamai's license before bidding future projects. She can hire a qualified qualifying party who will genuinely serve as an officer or responsible managing employee and be actively engaged in Akamai's operations; that person must meet the experience and exam requirements and cannot merely lend a name. She can work as a subcontractor or employee for a licensed prime contractor on the ramp, gaining supervisory experience without contracting directly with the county. She could also explore a properly formed joint venture with a licensed contractor, but the joint venture itself must satisfy licensing requirements and the license cannot be used as a pass-through. What she cannot do is submit a bid with her father's license number and fix the license after award; the bid would be false at submission.