1. The subcontractor did not have a required local license for specific aspects of the work performed, leading the general contractor to argue that the subcontractor was unlicensed.
2. The subcontract included a clause requiring compliance with all federal, state, and local laws, which included local licensing requirements.
3. The general contractor sought to recover prior payments made to the subcontractor due to the subcontractor being considered unlicensed for the work performed in Palm Beach County. 1. The subcontractor was unable to litigate the case due to not having the required local licenses.
2. The subcontractor’s failure to obtain and maintain the required local licenses was considered a material breach of the construction contract.
3. The trial court did not explicitly find that all of the subcontractor’s work required local licensing.
4. The trial court did not address whether the subcontractor’s failure to obtain and maintain the required local licensing negated any obligation for payment, even for work that did not require such licensure.
5. Fla. Stat. § 163.211 states that the State’s Department of Business and Professional Regulation’s regulation of contractor licensing pre-empts local licensing requirements.
6. Local licensing requirements adopted before January 1, 2021, are still effective until July 1, 2023.
7. It is important for contractors without State issued certified contractor licenses to fully research, analyze, and comply with any local licensing requirements until July 1, 2023.
https://www.kirwinnorris.com/beware-local-licensing-laws-until-july-1-2023/
Leave a Reply