[RPPTL-constructionlaw] 489.128 Fla. Stat. &failure to have a certificate of authority

[Tina Caraballo]

Obviously this is not the preferred method and all contractors should complete the required paperwork.  While the contractor may be subject to discipline, it should not lose the ability to enforce its contract.  This is a core question of the role and purpose of the CILB.  Do we want to bring contractors under the regulation umbrella or do we want to just say you made a mistake on your paperwork so you lose that $500000 contract claim and we don't care that you went out of business?    Under the prior cases it was held to be a factual determination of whether the qualifier actually met the definition.  In most instances the business organization was properly qualified, but after the date of the contract.  Isn't it more appropriate for that contractor to be disciplined by the Board and continue to operate?
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-----Original Message-----
From: "Gibbons, Michael" <Michael.Gibbons at lowndes-law.com>
Sender: <constructionlaw-bounces at lists.flabarrpptl.org>
Date: Mon, 14 Nov 2011 18:48:32 
To: RPPTL constructionlaw<constructionlaw at lists.flabarrpptl.org>
Reply-To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org>
Subject: Re: [RPPTL-constructionlaw] 489.128 Fla. Stat.
	&failure	to	have	a	certificate of authority

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