[CLC-Discussion] Unlicensed Contracting / Disgorgement

[RPPTL CLC-Discussion]

Good afternoon.  We have a case for an owner against an unlicensed contractor.  The court ruled that the contract is invalid under 489 and that we are entitled to disgorgement.  We recently had a hearing on disgorgement in order to obtain an executable judgment for the amount paid by the owner to the unlicensed contractor.  The opposing counsel raised the issue that a large portion of the disgorgement amount is for materials that went into the owner's property therefore conveying a benefit that should not have to be disgorged.  We argued against it and the judge reserved and wants the issue briefed.

My question - does anyone have either i) any reported cases on this concept that disgorgement should not be setoff by any benefit conferred or, ii) any trial court or other orders on disgorgement that would be helpful?

Thanks in advance for any information.

Regards,

Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Blog<http://thelienzone.com/>
Biography<https://barthet.com/member/alex-barthet/>

The Barthet Firm
200 S. Biscayne Blvd., Suite 1650
Miami, Florida 33131
305-347-5295 (direct line)
alex at barthet.com<mailto:alex at barthet.com>
www.barthet.com<http://www.barthet.com/>

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