[CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

[alanhlubitzpa at bellsouth.net]

Colleagues,

 

My firm represents a contractor that has been performing Hurricane Irene
repairs to single family homes in South Florida. My client's contract with
the homeowner requires it to estimate the cost to repair the damage,
transmit the estimate to the homeowner's insurance carrier and communicate
with the carrier's adjuster to finalize the claim. The contract states that
the contractor will accept the amount paid by the insurance company, plus
the amount of the insurance deductible paid by the homeowner, as full
compensation for the repairs. 

 

The homeowner wrongfully terminated the contract, and my client filed suit.
One of the affirmative defenses to the claim is that the contract is illegal
because the contractor is not licensed as a Florida public adjuster. My
client insists that this affirmative defense has no merit. Does anyone have
a case or ruling that supports my client's position?

 

I look forward to your responses.

 

Alan

Alan H. Lubitz, Esq. 
Law Office of Alan H. Lubitz, P. A. 
101 Plaza Real South

Suite 401

Boca Raton, FL 33432 
Phone: 561-368-4404

Cell: 305-742-6556

 <mailto:alanhlubitzpa at bellsouth.net> alanhlubitzpa at bellsouth.net

 

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