[CLC-Discussion] [CLC Discussion] Private Cause of Action under Section 448.223

[Leonardo Ortiz]

Hello everyone:

 

I have an issue which I have never run across before.  I represent a cabinet
contractor who is being sued for breach of contract for alleged defective
work. The homeowner has also included a claim for injunctive relief under
Section 481.223(1)(c) which prohibits use the name or title "architect" or
"registered architect," or "interior designer" or "registered interior
designer," or words to that effect, when the person is not then the holder
of a valid license issued pursuant to this part. The statute apparently
provides for a private cause of action in 481.223(3)(a) but I have been
unable to find any case law involving such a claim. 

 

My client does have one of the stated terms in the name of the business but
their business is solely manufacturing and installing custom cabinets.

 

I wanted to find out if anyone has dealt with such a claim or had any
suggestions.  Please send any replies directly to me at
lno at leonardoortizpa.com <mailto:lno at leonardoortizpa.com>  

 

Regards,

 


	
		
 


Leonardo N. Ortiz, Esq.                      

Leonardo Ortiz, P.A.

1909 Harrison Street, Suite 112

Hollywood, FL 33020

Tel: 754-816-5009

 <http://www.leonardoortizpa.com/> www.leonardoortizpa.com

 

 

Board Certified in Construction Law

 

 

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