This case from Florida’s Fifth District Court of Appeal thoroughly evaluates the licensing requirements for business engaged in contracting in Florida and concludes that it is not sufficient for an owner of the company to have a license. The license holder must also formally become the qualifying agent for the company. In this case, the lack of proper licensure resulted in the contractor’s contract for a new home being declared unenforceable.
Read moreCourt Reverses Judgment in Favor of Contractor After Determining Contractor Was Unlicensed
The decision turned on the Third District Court of Appeal’s interpretation of 489.128, Florida Statutes, which makes contracts entered into by unlicensed contractors unenforceable.
Read moreCourt Affirms Administrative Fines for Unlicensed Contracting Following Informal Hearing
In affirming the imposition of fines for unlicensed contracting, the Court held that a formal administrative hearing is necessary only where the material facts are in dispute.
Read moreRecent Court Decision Addresses Whether Failure to Obtain Local Licenses Renders Contracts Unenforceable
A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses. The case serves as another cautionary tale about the importance of complying with state licensing, local licensing, and contract requirements, and how all three can combine to make construction projects a complex compliance environment for contractors.
Read moreGeneral Contractor Fined; Has License Suspended for Being on Contract with and Pulling Permit for Unlicensed Individual
A certified general contractor’s license was suspended for 6 months, and he was fined and ordered to pay restitution to a homeowner, after putting together a joint contract with an unlicensed individual to construct a screen enclosure at a homeowner’s residence.
Read moreDBPR Determines Electrical Contractor's Intent In Hiring Subcontractor Irrelevant in Fining Contractor
An electrical contractor was fined by the DBPR for hiring an unlicensed individual as a subcontractor, despite not knowing that the person did not have an electrical contractor’s license.
Read moreContractor Fined $8,500.00 and Put on Probation for Assisting Unlicensed Contracting Despite No Damage to Homeowner
In one of the more recent decisions released by Florida’s Construction Industry Licensing Board, a general contract had his license put on probation for 2 years and was fined $8,500.00 for pulling a permit for an unlicensed contractor, despite the fact that the homeowner involved was not damaged by the unlicensed work.
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