[CLC-Discussion] Unlicensed subcontractor for local license

Fri Jun 28 22:04:14 PDT 2013

But, there is also the Johnson case that changes "the buyer beware," to "the seller beware."It sounds like you have a good action against the seller.

As to the inspection Company please consider That there may be a fiduciary relationship between you and the inspection company and if the termite damage was so open and obvious as you say, there may have been a breach of fiduciary duty to you. I would think that at least, the inspection Company had a duty to put you on inquiry notice

Sent from my iPhone

On Jun 28, 2013, at 5:04 AM, George Truitt <George.Truitt at csklegal.com> wrote:

> There is strong case law for the proposition that an owner has no site safety responsibilities to contractor's employees for areas of the property under the contractor's control, unless the owner supervises the contractor's work or dictates  means and methods. City of Miami v. Perez is a good example.
>  
> 489.128 speaks in terms of barring any recovery in law or equity for unlicensed contracting, though I have never seen it used as a defense to a personal injury claim.
>  
>  
>  
>  
>  
> -----Original Message-----
> From: Roberts, Hardy L. [mailto:hroberts at carltonfields.com] 
> Sent: Thursday, June 27, 2013 9:11 PM
> To: Richard A. Burt
> Cc: clc-discussion at lists.flabarrpptl.org
> Subject: Re: [CLC-Discussion] Unlicensed subcontractor for local license
>  
> 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.
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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
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