Legal Question in Construction Law in Florida

Legalities of Contractor Letting Unlicensed Person Use License

Myself and several other investors had homes built in Tallahassee. Instead of making money, we all lost money due to the time it took to build the homes. We all had liens put on the homes due to the contractor not paying the suppliers of service for the contruction. We all had to pay for the liens out of our pockets. On top of this, the person who was supposed to be supervising the construction of the homes was using the license of the general contractor. Myself and 2 of the other investors have lost the homes due to the monies was have laid out during the construction phase. We would like to know if we have any legs to stand on to go after these people for any type of fraud or misrepresentation. We also take issue with the broker who brought us to these people to begin with. Thank you for your tiem and consideration.


Asked on 9/23/07, 12:54 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Legalities of Contractor Letting Unlicensed Person Use License

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: As to the supervisor not having a license, an "employee" of a licensed contractor may work under that

contractor's license if that person is acting within the scope of that contractor's license. If the person is not an actual employee but an independent contractor then that person may be engaged in unlicensed contractor.

As to the liens put on your property for non-payment to the subs and suppliers, you may have a cause of action against the contractor for non-payment but it is unknown. For instance if you were supposed to pay your contractor and that is why the contractor did not pay the subs or suppliers, then that may be a valid defense to your action. Take your contract to a local attorney so that they can more fully review your facts.

Good luck,

Randall Gilbert

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Answered on 9/26/07, 4:33 am


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