Current Legal Issues

Unlicensed Subs are not entitled to enforce the contract:


F.S. 489.128 provides that contracts entered into by unlicensed contractors are unenforceable as a matter of law. This principle was illustrated in Deep South Systems, Inc. v. Heath, 843 So.2d 378 (Fla. 2d DCA 2003), which held that a contractor was precluded from enforcing its contracts as a matter of law because it was not certified or registered when it entered into the contracts, even though it was working under the supervision of a licensed contractor. See also John Hancock-Gannon Joint Venture II v. McNully, 800 So.2d 294 (Fla. 3d DCA 2001) (contractor whose temporary license had expired could not enforce contract at law or in equity); Sterner v. Phillips, 721 So.2d 450 (Fla. 5th DCA 1998) (under F.S. 489.128, unlicensed contractor could not enforce contract or even recover cost of materials used