Legal Question in Construction Law in Florida

We have a contract with a licensed general contractor to build a house. We just discovered he is using unlicensed subcontractors for all the work except for (HVAC, Plumber and Electrician). All the work the unlicensed subs do end up needing to be redone or replace. We discovered the unlicensed subs when we requested a list of all the subs from the GC and researched them online. The GC is willing to fix all the work, but it MUST be fixed by his unlicensed subs, he refuses to use anyone else. We flat out refuse and requested the GC terminate the contract with us. He will only do it if we give him a substantial amount of money from the last draw (which we are holding). What can we do to get this GC out and avoid him placing a lien on our house?


Asked on 5/20/14, 2:22 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Aiding and abetting unlicensed contracting is a serious violation of Florida law for which the GC could be subject to discipline by the Florida Department of Business and Professional Regulation, including possibly losing his general contractor's license. In addition, all of the unlicensed subcontractors could be subject to prosecution for unlicensed contracting. Moreover, the contracts of unlicensed contractors are unenforceable and they have no right to be paid, nor do they have lien rights. It is a clear violation of Florida law for the GC to insist on using unlicensed subcontractors. There are many different ways to approach your situation, but you should understand that, if what you are saying is true, the GC has no leverage in this situation and is exposed to massive liability and/or discipline. You should consult with an experienced construction lawyer in order to get specific advice tailored to your situation.

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Answered on 5/21/14, 5:49 am


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