The Supreme Court has accepted a petition for a writ of certiorari filed by the District Council of 50 Intern Union of Painters and Allied Trades, asking that the Supreme Court overturn a decision issued by the Intermediate Court of Appeals upholding an agency finding that a general contractor who is automatically granted a specialty C-5 renovation license upon obtaining licensure, is qualified to perform the removal and replacement of windows on renovation projects, even though the general contractor lacks a C-22 glazier license.
The union argues the Supreme Court has previously ruled that in order to perform work covered by a specialty license a general contractor must possess the specialty license at issue. The union argues that the Intermediate Court of Appeals' decision, which found that the removal of windows is incidental and supplemental to a renovation project, would have the effect of gutting the overall rule were it to be enforced by the court.
Oral arguments on this issue are scheduled to take place on Janury 17. This petition could have very far reachig effect upon upcoming and ongoing renovation projects. If contractors are forced to hire a subcontractor for every piece of renovation work they perform that is not specifically enumerated as part of the c-5 license, jobs will be more expensive, there may be less work, and contractors currently performing renovation jobs may find themselves ruled "unlicensed" in the middle of their performance of their work.
Our firm has filed a motion requesting that the Supreme Court allow us to file an amicus brief in support of the State's position.
