[CLC-Discussion] Unlicensed Contracting Question

[Ty G. Thompson]

All:

Does anyone have experience in suing a contractor's qualifying agent for negligence, but not in the person's statutory capacity as a qualifying agent?  We know about the Murthy v. Sinha Corp. case, where the Florida Supreme Court recognized that a qualifying agent has a duty to supervise a corporation's construction projects, but the failure to meet that duty did not give rise to a private cause of action against the qualifying agent.  644 So. 2d 983, 985 (Fla. 1994).  However, the Court held that an injured party could recover from a qualifying agent under a common-law theory of negligence.  Id. at 987; see also Evans v. Taylor, 711 So. 2d 1317, 1318 (Fla. 3d DCA 1998)(allowing claims against the qualifying agent for unjust enrichment and violation of chapter 501, Florida Statutes).

I'm looking for any cases where the court (trial level or otherwise) allowed the claim to proceed.  Thank you.


Ty G. Thompson
Board Certified Construction Attorney | Mills Paskert Divers
100 North Tampa Street, Suite 3700 | Tampa, Florida 33602
813-769-4802 (direct) | 813-229-3500 (firm) | 813-229-3502 (facsimile) www.mpdlegal.com<http://www.mpdlegal.com>
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