Advertising in the Construction Industry

Advertising in the Construction Industry

By Christopher M. Cobb September 24, 2019 Posted in Construction Law

Often times a good advertising program is the difference between the referral of a job or being left off the request for proposal sheet.  Like all industries, work comes from a good referral network and a good advertising program.  It may be enough to just do excellent work but construction companies today are continuing to seek alternative and non-conventional methods of advertising their services in order to secure construction bidding opportunities.  Advertising can and does make a difference between an outstanding business year and “keeping the lights on”.  With the use of the internet, websites, social media outlets and trade organizations, contractors have a vast number of avenues to promote their business through advertising efforts in the construction Industry.

It is important for Florida contractors to remember that their license number must be included in all offers of service, bids, business proposals, contracts or advertisements, regardless of the medium. Under Rule 61G4-12.011, F.A.C., advertisements include any electronic media including internet sites.  A contractor’s failure to include their license number on their company’s website may result in a fine for violation, and if repeated violations occur, can result in other discipline.  As a Florida licensed contractor, please remember to include your license number on websites, social media pages, Facebook, twitter and other advertisement outlets. This would also include putting your licensed number on company vehicles, certain promotional items such as brochures, flyers, magazine ads, television ads and may even require the license number to be verbally stated on any radio spots.  The Florida Administrative Code outlines the requirements very clearly.  They are:

61G4-12.011 Definitions.

(3) The terms “advertise” and “advertises” shall apply to business cards, business proposals, contracts, construction site signs, all newspapers, airwave transmission (other than internal company communications), any electronic media including internet sites, phone directory, and other media including handbills, billboards, flyers, shopping and service guides (coupon offerings), magazines (including trade associations publications), classified advertisements, manufacturer’s “authorized dealer” listings, and signs on vehicles. They shall not apply to balloons, pencils, pens, hats, articles of clothing, shirts, or other promotional novelties. Neither shall the terms apply to any single line phone directory listing; nor to free phone directory listings (regardless of page color) of one, two or three lines, which display nothing more than the proper name, company name, address, and telephone numbers in whole and in part in an unbolded or unhighlighted print or without further textual or pictorial elaboration or touting in its overall display.

A clear understanding of the marketing requirements for Florida Contractors will help avoiding any possible discipline which may arise for an unintended violation.

By: Christopher M. Cobb

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