[CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

Tue Apr 1 06:07:09 PDT 2014

Here’s a bit of a memo that may help:

See Home Construction Management, LLC v. Comet, Inc., 125 So. 3d 221 (Fla. 4th DCA 2013); In re 21st Century Satellite Communications, Inc., 278 B.R. 577 (Bankr. M.D. Fla. 2002); Fabricant v. Sears Roebuck, 202 F.R.D. 310 (S.D. Fla. 2001); Vita Designs, Inc. v. Silverman, 774 So. 2d 884, 886 (Fla. 4th DCA 2001). 

Florida law is well-settled that where the law requires licenses to conduct business, the contracts by the unlicensed to perform licensed services are illegal and void. Vista Designs v. Silverman, 774 So.2d 884, 885 (Fla.Dist.Ct.App.2001) (requiring unlicensed attorney to disgorge the funds received from client through a contract that was void ab initio due to illegality); Steinberg v. Brickell Station Towers, 625 So.2d 848, 849 (Fla.Dist.Ct.App.1993)  (finding contract by unlicensed mortgage broker illegal and void); see also In re Ripon City, 102 F. 176, 183 (5th Cir.1900) (“any contract which undertakes ... to put in charge ... any unlicensed person—no matter how well qualified otherwise ...—ought to be held void”). See generally Annot., Recovery Back of Money Paid to Unlicensed Person Required by Law to Have Occupational or Business License or Permit to Make Contract, 74 A.L.R.3d 637 (1976).

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Tuesday, April 01, 2014 7:53 AM
To: Paul V. DeBianchi; CHernicz at herniczlegal.com
Cc: <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I recently filed a case seeking that form of relief and opposing counsel has objected.  I too had limited success in researching this issue.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Paul V. DeBianchi
Sent: Tuesday, April 01, 2014 8:32 AM
To: CHernicz at herniczlegal.com
Cc: <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

I am looking for the same thing. I did some research and could not even find any cases on it. So, if you have any cases were some success in your research please post the authorities.

Thanks so much.

Sent from my iPhone

On Apr 1, 2014, at 8:18 AM, "Charles B. Hernicz, Esq" <CHernicz at herniczlegal.com> wrote:

	Has anyone filed an action for disgorgement of funds against an unlicensed contractor who accepted money for construction?  Care to share your complaint?

	Best regards,

	Chuck

	Charles B. Hernicz, Esq.
	Board Certified in Construction Law by The Florida Bar           
	Hernicz Legal Services, P.L.
	15854 Bent Creek Road 
	Wellington, FL 33414 
	Telephone: (561) 753-7511 
	Facsimile: (561) 753-7082 
	Chernicz at HerniczLegal.com

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Michael D. Randolph

Board Certified in Construction Law

GrayRobinson, P.A.

8889 Pelican Bay Boulevard, Suite 400 

Naples, FL 34108

Main: 239-598-3601 | Fax: 239-598-3164

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