[CLC-Discussion] unlicensed contracting question

[Gibbons, Michael]

Fla. Stat. s. 558.004(12) expressly states that the statute was not intended to create any new defenses unless expressly stated therein.  If the statute was intended to create a process that upon failure of the claimant to comply with it, the claimant would suffer the entire loss of its cause of action, then I would expect that intent to be clearly reflected in the terms of Ch. 558.  While Ch. 558 does require an Owner to provide pre-suit notice of a construction defect claim, it does not expressly state that non-compliance results in the loss of the Owner’s cause of action. In fact, by recognizing that an Owner may sue first without giving the notice and providing that IF that happens the remedy is a STAY of the lawsuit for 60 days, I would say that Ch. 558 pretty plainly does not support the defense of dismissal with prejudice of the Owner’s claim for failure  to comply with the notice requirements.  Lastly, rightly or wrongly, the notice provisions of Ch. 558 are tied to commencement of a lawsuit and not commencement of repairs.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
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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 Hans Peter Haahr
Sent: Friday, June 19, 2020 3:10 PM
To: Daniel Greene <dangreenelaw at yahoo.com>
Cc: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] unlicensed contracting question

CAUTION: THIS IS AN EXTERNAL EMAIL

any authority that failure to give notice of construction defect before defect is repaired per Fla. Stat. 558 is fatal to lawsuit. I am surprised how little case law on issue.

Anyone has orders supporting the dismissal/summary judgment on this argument?

Sorry for interruption. Happy Friday.

Thank you,
Hans Haahr
Sent from my iPhone


On Jun 19, 2020, at 3:03 PM, Daniel Greene <dangreenelaw at yahoo.com<mailto:dangreenelaw at yahoo.com>> wrote:

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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