[CLC-Discussion] unlicensed contracting question

[Gibbons, Michael]

I have not recently researched caselaw on the issue but my interpretation of Fla. Stat. s.489.128(1)(a) is that if a state license is not required for the scope of work at issue, then a contractor/subcontractor cannot be found to be unlicensed under Fla. Stat. s 489.128 (and therefore suffer loss of legal and equitable rights relating to the contract).  On flip side, the fact that a contractor may have a local issued license (but not a state issued license) will not help that contractor avoid 489.128 issues if the scope of work at issue requires a state issued license under Ch. 489.

Michael Gibbons
Shareholder
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LOCAL ROOTS. BROAD REACH. SM


From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Daniel Greene
Sent: Friday, June 19, 2020 3:00 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] unlicensed contracting question

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Can anyone point me to a case or some authority discussing a contractor being licensed by a local authority (county/city) but not a state license under ch 489?

Thank you for your help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com<http://www.dangreenelaw.com>
dan at dangreenelaw.com<mailto:dan at dangreenelaw.com>
dangreenelaw at gmail.com<mailto:dangreenelaw at gmail.com>

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