Latest Florida Supreme Court Holding on Unlicensed Contractor’s Lack of Rights to Enforce Contract

NACM South Atlantic Members,

I thought our members would be interested in reading the attached Florida Supreme Court case which is absolutely definitive as the fact that an unlicensed contractor has no rights to defend or recover under its contract, even when the other party to the contract is aware of or condones the fact that the contractor does not hold the requisite license.

While this case will not directly effect our members who are not required to be a licensed contractor, it could very well effect the ability of one of your customers to enforce its contract which in turn could impact its ability to pay you, unless you have the ability to enforce a construction lien or bond claim right on our own.

While the case is yet to be declared “final”, since the time period to move for rehearing has not yet run, I think you can fairly well consider this issue resolved with the filing or granting of rehearing being doubtful.