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

[Weintraub, Lee]

Aside from the question you asked, you should be concerned about the enforceability of your client’s contract based upon the lack of a definitive price term.  There is case law on point invalidating contracts like yours.




Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of alanhlubitzpa at bellsouth.net
Sent: Wednesday, September 26, 2018 1:51 PM
To: clc-discussion at lists.flabarrpptl.org
Cc: 'James Baker' <jim at accmastercraftfl.com>; 'Scott Haft' <SrHaft at haftlawgroup.com>
Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

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

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