[CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

Wed Apr 2 08:56:27 PDT 2014

But see In re: Susun Cummings, Tim Givens Building and Remodeling, Inc., Plaintiff vs. Susan Cummings, Defendant, 2000 Bankr. LEXIS 1637; 14 Fla. L. Weekly Fed. B. 138 United States Bankruptcy Court for the Southern District of Florida) (distinguishing Braverman where work was later permitted) 

Frederick C. Barnes, P.A

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Maitland, FL 32751

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Justin Zinzow
Sent: Wednesday, April 02, 2014 11:17 AM
To: Tim Atkinson; Michael D. Randolph; Paul V. DeBianchi; CHernicz at herniczlegal.com
Cc: <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

As I do not precisely know your circumstance, I offer the following two authorities and am interested in anything others can share on the topic:

See Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA 1991) (license holder not entitled to payment for unpermitted work).

Vista Designs, Inc. v. Silverman, 774 So.2d 884 (Fla. 4th DCA 2001) (unlicensed attorney required to disgorge fees received).

Justin R. Zinzow | Zinzow Law
AV Rated Board Certified
Construction Specialist

(727) 787-3121
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Tim Atkinson
Sent: Tuesday, April 01, 2014 9:26 AM
To: Michael D. Randolph; Paul V. DeBianchi; CHernicz at herniczlegal.com
Cc: <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Disgorgement of Funds - Unlicensed Contracting

See Section 489.128, Florida Statutes, and Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013).

Timothy P. Atkinson*

Oertel, Fernandez, Bryant & Atkinson, P.A.

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* Board Certified - State and Federal 

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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 1, 2014 8:53 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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