[CLC-Discussion] Interior decorator license

[Charles B. Hernicz, Esq]

Did plumber and electrician serve notice to owner?  Has time (45) expired
for them to serve?  Even without the notice to owner, if you continue the
homeowner's logic, the decorator did not have authority to hire the trades,
but they performed work and improved the property with the owner's knowledge
and the owner accepted and retained the value of the improvement.  That is
classic unjust enrichment and quantum meruit claim (contract implied in fact
and contract implied in law), and that provides both trades with a basis to
file claims of lien against the property.

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


 

-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Paul
Ppacchianaesq
Sent: Thursday, January 08, 2015 7:50 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Interior decorator license

I have a client with an interior decorator license who hired a licensed
plumber and electrician to do some simple work, eg: replacing sink, hanging
lighting fixtures, etc. in connection with a larger design project.
Homeowner refuses to pay saying she acted as a general contractor which is
beyond the scope of her license. Any thoughts?

Paul Pacchiana
Attorney at Law

Sent from my iPad

_______________________________________________
CLC-Discussion mailing list
CLC-Discussion at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion