[CLC-Discussion] Interior decorator license

Paul Ppacchianaesq ppacchianaesq at aol.com
Thu Jan 8 06:04:11 PST 2015


My client has paid all of the subs directly since she works with them on a regular basis.

Sent from my iPad

> On Jan 8, 2015, at 8:43 AM, Charles B. Hernicz, Esq <CHernicz at Herniczlegal.com> wrote:
> 
> 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
> 
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