Legal Question in Construction Law in Florida

I was not paid after I finished a project (Kitchen renovation). I am new in Florida (came from NJ), and I did not know some of the Florida rules and Laws. I have registered my proprietorship in Florida, and thought that it's enough to install a kitchen (I have done it for 20 years withing home depot services, Sears home improvement an other organizations in NJ very successfully). My client was informed about the absence of the special license -contraction license, and he agreed to start the project.

Making the story short, he did not pay me the balance of $ 4500. I applied to the small claim court and also I put a lien on his condo apartment. During the medication the defendant has refused to pay me anything. Even more: he told to a mediator that he did not satisfied with my performance and wants money from me. He has demonstrated photos of the kitchen with removed counter top (?) and other fabricated "damages" and told the mediator, that he will claim a compensation from me.

I read Internet and realized that I made a lot of mistakes in this situation. But the main of them is: without the construction license in Florida I should not tart this project and once I lost payment of $ 4500, I should not put liens and apply to the court.

A few days ago I got a certified letter from the defendant with a request to release a lien on his property since my lien is not justified and it's unlawful.

My questions to you:

1) Is it true, that since I am not licensed for the work I have done, I:

a) will certainly lose the case ( a trial)?

b) does not have rights to place property liens and especially force the law performance against my defendants?

c) Must release liens based on his written request since liens placed by unlicensed worker are unlawful liens.

And the last, but the most important question:

If case of a counter claim (if defendants would start it against me), is it possible by law to place property lien on my condo apartment IF THIS IS THE ONLY APARTMENT I HAVE AND IF THIS IS MY ONLY PLACE TO LIVE?


Asked on 9/12/14, 8:03 am

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

If you performed work which requires a license, and you are unlicensed, then you should release the liens, chalk it up to your own ignorance, and hope this guy doesn't call the State's Attorney Office to file a complaint for unlicensed contracting. Unlicensed contracting is a crime punishable by fine and/or jail time. Additionally, the state board of professional regulation can come after you administratively, if it becomes known that you were performing work without a contractor's license.

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Answered on 9/13/14, 7:30 am


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