[CLC-Discussion] Unlicensed subcontractor for local license

Thu Jun 27 18:11:11 PDT 2013

Unlicensed contracting is a crime.  I'm not sure what impact that has on the homeowner's claimed liability, but it is worth considering.

On Jun 27, 2013, at 8:29 PM, "Richard A. Burt" <dick at burt-burt.com<mailto:dick at burt-burt.com>> wrote:

The contractor is suing in tort, not contract.

Neither FS 489.128 (dealing with enforceability of a contract for construction), nor the (oral) contract (which does not address/allocate liability for personal injury), nor case law (see Tiara) bars a tort claim arising out of an injury.  Subject to workers compensation statutes (of which I know nothing), in my opinion, the tort claim survives even though a contract claim would be barred.

The duty issue might depend upon the homeowner’s relationship with the claimant: is the claimant an ‘employee’ or an ‘independent contractor’?

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Tuesday, June 25, 2013 2:11 PM
To: 'Sakwa, Stuart H.'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Unlicensed subcontractor for local license

Dovetailing off Mr. Sakwa’s post…

Homeowner hires an unlicensed contractor/handyman to perform remedial work, including roofing repair work. The unlicensed contractor/handyman does not have safety fall protection while performing the roofing repair work, falls off the Homeowner’s roof, lands on his feet and breaks his foot. The unlicensed contractor/handyman now sues the Homeowner for negligence asserting, among other things, that the Homeowner owed the unlicensed contractor/handyman a duty to supervise his work and provide safety fall protection.

Questions:

1.       Is such a negligence claim arguably barred because he is an unlicensed contractor? If not, can his failure to be licensed under ch. 489, F.S. serve as evidence of negligence for purposes of comparative negligence?

2.       As a threshold issue, does a Homeowner owe an unlicensed contractor/handyman a duty to supervise his work and/or provide fall protection?

Any input would be appreciated.

Thanks.

<image001.jpg>

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone  772-231-1100      Fax 772-231-2020

smickley at gouldcooksey.com<mailto:smickley at gouldcooksey.com>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Tuesday, June 25, 2013 12:07 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Unlicensed subcontractor for local license

Is anyone aware of a case that holds that a subcontractor who does not have a certificate of competency for a specialty trade that is required by a county ordinance, but not 489, is barred from enforcing its contract or lien rights?

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
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