[CLC-Discussion] unlicensed contracting question

Fri Jun 19 13:23:11 PDT 2020

Dan is thinking about MGM Construction Services, copy attached.

b.

Brian F. Stayton
Stayton Law Group, P.A
Note new address:
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Valrico Florida 33596
Telephone: (813) 662-9829
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Brian at StaytonLawGroup.com<mailto:Brian at StaytonLawGroup.com>
Board Certified in Construction Law

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From: <clc-discussion-bounces at lists.flabarrpptl.org> on behalf of Dan Vega <DVega at TEVTLaw.com>
Date: Friday, June 19, 2020 at 3:59 PM
To: Fred Dudley <dudley at mylicenselaw.com>, Michael Gibbons <Michael.Gibbons at lowndes-law.com>, Daniel Greene <dangreenelaw at yahoo.com>, "clc-discussion at lists.flabarrpptl.org" <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] unlicensed contracting question

A few months ago, I read a case from the 3d dealing with a local licensure failure.  The ruling, to the best of my memory, was to take local licensure issues on a case by case basis depending on the gravity of the failure, type of license, stated reasons for the licensure requirement etc.

I don’t have the case handy but I know it was from the 3d.

thx

Daniel R. Vega, Esq.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Court Mediator
Taylor Espino Vega & Touron, PLLC
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Coral Gables, Florida 33134
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E-mail: dvega at tevtlaw.com<mailto:dvega at tevtlaw.com>
www.tevtlaw.com<http://www.tevtlaw.com>

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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Fred Dudley
Sent: Friday, June 19, 2020 3:41 PM
To: Gibbons, Michael <Michael.Gibbons at lowndes-law.com>; Daniel Greene <dangreenelaw at yahoo.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] unlicensed contracting question

I haven’t seen any cases on this point, but it’s an interesting one. I respectfully disagree, though, with your conclusion, because I maintain that the removal of “local” from that section may have, in fact, viscerated the entire section. Any takers?

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From: Gibbons, Michael<mailto:Michael.Gibbons at lowndes-law.com>
Sent: Friday, June 19, 2020 3:28 PM
To: Daniel Greene<mailto:dangreenelaw at yahoo.com>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] unlicensed contracting question

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.

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto: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<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] unlicensed contracting question

CAUTION: THIS IS AN EXTERNAL EMAIL

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
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