Compilation of Rules and Regulations of the State of Georgia
Department 121 - STATE CONSTRUCTION INDUSTRY LICENSING BOARD
Chapter 121-6 - BUSINESS REGISTRATION
Rule 121-6-.02 - Primary Contractors and Subcontractors

(1) For the purpose of this Rule, a primary contractor is considered a sole proprietorship, partnership, corporation, or individual which contracts for the completion of certain services. The primary contractor may perform these services with his own employees, provided the contractor holds an appropriate, current, and valid state contractor or master license for any category of services covered by these Rules and Regulations. The primary contractor may subcontract for the completion of any, or all, services, provided any subcontractor performing services covered by these Rules and Regulations holds an appropriate, current, and valid state contractor or master license.

(2) For the purpose of this Rule, a subcontractor is considered a sole proprietorship, partnership, corporation, or individual with whom a primary contractor or another subcontractor contracts for the completion of certain services. When contracting with either a primary contractor or another subcontractor to perform services covered by these Rules and Regulations, subcontractors must hold an appropriate, current, and valid state contractor or master license, unless specifically exempted under O.C.G.A. 43-14-16.

(3) A licensed contractor or master may contract as a primary contractor. The licensee must insure that the subcontractor holds an appropriate, current, and valid state contractor or master license. Licensees may not disavow responsibility for services which are subcontracted to other licensees.