HELP? Anyone???

I am confused about unlicensed contracting issue under 489.128 as follows: (I thought this was supposed to be simple?) Plaintiff (two homeowners / single family home ) hires defendant contractor to replace a door, some windows, a staircase, and do outside stucco work (and some flooring) for about $20K. Dispute arises. About 3K of work was not finished. Plaintiff claims Defendant is not licensed; defendant claims Plaintiff knew all along because Defendant told Plaintiff that Defendant was not licensed. Plaintiff sues on 4 counts (If you have any ideas on this question I need answer before Monday morning!!! - I was hired this morning)

1. Breach of contract

2. Fraud in the Inducement

3. Unjust Enrichment and

4. Violation of 501.201 (Florida's Deceptive and Unfair Trade Practices Statute ~ "FDUTPA").

Here is my question: Which of the four counts above should survive at trial if Plaintiffs are claiming Defendant is "unlicensed" ?

P.S. - my question is very limited - I am not looking for those claims that maybe the Plaintiff's lawyer "should have" brought earlier, but what will survive at the end of the trial out of the four (4) claims he actually did bring!

Points of my confusion:

1. Breach of contract is in the alternative to Fraud in the inducement because if you succeed on fraud in the inducement there is no contract....

2. How can one sue for breach of contract and claim unlicensed under 489.128 where contract is illegal and therefore unenforceable if contractor is not licensed - which would, I believe cause a loss of the "fraud in the inducement" claim as well

3. If homeowner knew contractor was not licensed, and claims the "lack of license" was not the cause of their damages but poor work, then wouldn't the FDUTPA claim fail as well? Or, is there a case that says unlicensed contracting is, in and of itself, a FDUTPA violation??? Primarily I am seeking to defeat the FDUTPA claim for obvious reasons!

4. Doesn't this leave Plaintiff at the end of the trial with only his claim for unjust enrichment?

Any thoughts anyone?

I am researching it now, but I know I have a long weekend ahead of me!

Michael Romm

Michael R. Romm, P.A.

North Office: 4660 North University Drive

Lauderhill, FL 33351

South Office: 1213 S. 30th Avenue, Suite 2

Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

EMAIL: mromm@rommlaw.com

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