Legal Question in Construction Law in Florida

Question : I hired a roofer who told me he was licensed and was not, therefore my insurance company failed my inspection.

I had to hire someone else that was licensed in order for my insurance to be renewed. Do I have to pay for services since he falsely told me he was licensed?

Thanks,

Tricia


Asked on 9/06/13, 7:24 am

2 Answers from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

An unlicensed contractor is not entitled to enforce his contracts. Therefore, you do not have to pay an unlicensed contractor, even if they performed the work.

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Answered on 9/06/13, 11:13 am
Byron Petersen Byron G. Petersen P.A.

Let the construction regulation agencies do your work for you.

You may file a disciplinary complaint with the Construction Industry Licensing Board. The Agency web site is:

http://www.myfloridalicense.com/dbpr/pro/cilb/index.html.

This Board is also known as the CILB. The Board is very strict.

Counties also regulate roofers. Visit your County's Building Department and they will map the process for you.

When you don't pay, the roofer may file a "Construction Lien" against your property for what the roofer claims is owed. These can get very complicated.

However, the agencies can make the roofer withdraw his lien. Otherwise, you have to ramble through the court system, hire an attorney, pay filing fees, and take discovery--the list could go on and on. While the Construction Lien is pending it acts as an encumbrance on your title. Were you to sell your home or seek a mortgage you might have to "bond off" the lien to obtain unencumbered title.

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Answered on 9/07/13, 1:37 pm


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