Violation of public policy; the contract is illegal. All Section 489.128 added to the law was when it was amended after the Castro case to allow the OWNER to enforce the contract, thus changing the contract from void to voidable by the owner.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Weintraub, Lee [mailto:lweintraub@bplegal.com]
Sent: Thursday, January 08, 2015 9:21 AM
To: Fred Dudley; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Under what authority?

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group

Becker & Poliakoff, P.A.
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | lweintraub@bplegal.com www.bplegal.com

Visit www.floridaconstructionlawauthority.com today!

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:19 AM
To: Gibbons, Michael; Weintraub, Lee
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

BUT if a local license is required for such work, the failure be licensed may still be a defense to a lien.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:06 AM
To: Weintraub, Lee
Cc: Fred Dudley; Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:

This has always been my understanding and practice. 489.128 has no application unless scope of work falls under the defined scopes of "contractor" under definitions of Ch. 489.  You won't find painting or flooring installation under definition of contractor at 489.

Sent from my iPhone

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

This is simply wrong.  First, public policy is expressed by the action of the Legislature.  The Florida Legislature, over the years, has made it abundantly clear that it is state licensure and not local licensure that determines the unenforceability of a mechanic's lien and contract.  Take a look at the older versions of Fla. Stat. 713.02(7) back in 1997 for example.  It used to read that no lien shall exist in favor of any contractor, sub or sub-sub unless they are "licensed as a contractor pursuant to the laws of the jurisdiction within which she or he is doing business".  Now, IF that were still the law, you would be correct.  But that law was repealed many years ago and its replacement is far narrower and takes a  more surgical view over the broad club in the former law.  BOTH Fla. Stat. 489.128 and 713.02(7) now expressly link loss of lien/contract rights to definition of "contractor" under Ch. 489.

Your argument relying on local licensure laws also fails to account for the following express language found at 489.128(1)(a) : "For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed".  What could be more clear?

Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:23 AM
To: Weintraub, Lee; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Violation of public policy; the contract is illegal. All Section 489.128 added to the law was when it was amended after the Castro case to allow the OWNER to enforce the contract, thus changing the contract from void to voidable by the owner.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Weintraub, Lee [mailto:lweintraub@bplegal.com]
Sent: Thursday, January 08, 2015 9:21 AM
To: Fred Dudley; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Under what authority?

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group

Becker & Poliakoff, P.A.
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | lweintraub@bplegal.com www.bplegal.com

Visit www.floridaconstructionlawauthority.com today!

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:19 AM
To: Gibbons, Michael; Weintraub, Lee
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

BUT if a local license is required for such work, the failure be licensed may still be a defense to a lien.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:06 AM
To: Weintraub, Lee
Cc: Fred Dudley; Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:

This has always been my understanding and practice. 489.128 has no application unless scope of work falls under the defined scopes of "contractor" under definitions of Ch. 489.  You won't find painting or flooring installation under definition of contractor at 489.

Sent from my iPhone

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

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Interesting case, dealing with prior and amended version of statute.  It appears that lack of local licensure is still alive in the 3rd DCA based on balancing test.

George R. Truitt

mailto:George.Truitt@csklegal.com
Tel:305-350-5331
Fax:305-373-2294

Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400
Miami
Florida 33156
http://www.csklegal.com

[Insert your disclaimer here]

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:47 AM
To: 'Fred Dudley'
Cc: clc-discussion@lists.flabarrpptl.org; Weintraub, Lee
Subject: Re: [CLC-Discussion] Lien Right?:

This is simply wrong.  First, public policy is expressed by the action of the Legislature.  The Florida Legislature, over the years, has made it abundantly clear that it is state licensure and not local licensure that determines the unenforceability of a mechanic's lien and contract.  Take a look at the older versions of Fla. Stat. 713.02(7) back in 1997 for example.  It used to read that no lien shall exist in favor of any contractor, sub or sub-sub unless they are "licensed as a contractor pursuant to the laws of the jurisdiction within which she or he is doing business".  Now, IF that were still the law, you would be correct.  But that law was repealed many years ago and its replacement is far narrower and takes a  more surgical view over the broad club in the former law.  BOTH Fla. Stat. 489.128 and 713.02(7) now expressly link loss of lien/contract rights to definition of "contractor" under Ch. 489.

Your argument relying on local licensure laws also fails to account for the following express language found at 489.128(1)(a) : "For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed".  What could be more clear?

Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:23 AM
To: Weintraub, Lee; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Violation of public policy; the contract is illegal. All Section 489.128 added to the law was when it was amended after the Castro case to allow the OWNER to enforce the contract, thus changing the contract from void to voidable by the owner.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Weintraub, Lee [mailto:lweintraub@bplegal.com]
Sent: Thursday, January 08, 2015 9:21 AM
To: Fred Dudley; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Under what authority?

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group

Becker & Poliakoff, P.A.
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | lweintraub@bplegal.com www.bplegal.com

Visit www.floridaconstructionlawauthority.com today!

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:19 AM
To: Gibbons, Michael; Weintraub, Lee
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

BUT if a local license is required for such work, the failure be licensed may still be a defense to a lien.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:06 AM
To: Weintraub, Lee
Cc: Fred Dudley; Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:

This has always been my understanding and practice. 489.128 has no application unless scope of work falls under the defined scopes of "contractor" under definitions of Ch. 489.  You won't find painting or flooring installation under definition of contractor at 489.

Sent from my iPhone

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

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CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

Thanks George.  The Court's discussion is directly on point.  I would say, in summary, that the case does support Fred's local law argument but not as strongly as his emails suggest.  Importantly, the Court held it was error for the trial court to automatically (and without engaging in the nuanced analysis laid out by the appellate court) rule a subcontract or contract void and unenforceable due to non-compliance with a local licensing ordinance.  The court noted that a determination of unenforceability would be unlikely IF the lienor were a subcontractor and the work was done in accordance with contract documents and applicable codes.

So, it is a mistake as a practitioner, in my opinion, to operate under the belief that violation of local code ipso facto renders the contract or lien void and unenforceable.  There is a nuanced analysis that must be applied and that in many instances points to enforceability of the contract notwithstanding violation of local licensure laws.

Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com

-----Original Message-----
From: George R. Truitt [mailto:George.Truitt@csklegal.com]
Sent: Thursday, January 08, 2015 10:06 AM
To: Gibbons, Michael; 'Fred Dudley'
Cc: clc-discussion@lists.flabarrpptl.org; Weintraub, Lee; David Salazar
Subject: RE: [CLC-Discussion] Lien Right?:

Interesting case, dealing with prior and amended version of statute.  It appears that lack of local licensure is still alive in the 3rd DCA based on balancing test.

George R. Truitt

mailto:George.Truitt@csklegal.com
Tel:305-350-5331
Fax:305-373-2294

Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400 Miami Florida 33156 http://www.csklegal.com

[Insert your disclaimer here]

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:47 AM
To: 'Fred Dudley'
Cc: clc-discussion@lists.flabarrpptl.org; Weintraub, Lee
Subject: Re: [CLC-Discussion] Lien Right?:

This is simply wrong.  First, public policy is expressed by the action of the Legislature.  The Florida Legislature, over the years, has made it abundantly clear that it is state licensure and not local licensure that determines the unenforceability of a mechanic's lien and contract.  Take a look at the older versions of Fla. Stat. 713.02(7) back in 1997 for example.  It used to read that no lien shall exist in favor of any contractor, sub or sub-sub unless they are "licensed as a contractor pursuant to the laws of the jurisdiction within which she or he is doing business".  Now, IF that were still the law, you would be correct.  But that law was repealed many years ago and its replacement is far narrower and takes a  more surgical view over the broad club in the former law.  BOTH Fla. Stat. 489.128 and 713.02(7) now expressly link loss of lien/contract rights to definition of "contractor" under Ch. 489.

Your argument relying on local licensure laws also fails to account for the following express language found at 489.128(1)(a) : "For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed".  What could be more clear?

Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:23 AM
To: Weintraub, Lee; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Violation of public policy; the contract is illegal. All Section 489.128 added to the law was when it was amended after the Castro case to allow the OWNER to enforce the contract, thus changing the contract from void to voidable by the owner.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Weintraub, Lee [mailto:lweintraub@bplegal.com]
Sent: Thursday, January 08, 2015 9:21 AM
To: Fred Dudley; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Under what authority?

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group

Becker & Poliakoff, P.A.
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | lweintraub@bplegal.com www.bplegal.com

Visit www.floridaconstructionlawauthority.com today!

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:19 AM
To: Gibbons, Michael; Weintraub, Lee
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

BUT if a local license is required for such work, the failure be licensed may still be a defense to a lien.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:06 AM
To: Weintraub, Lee
Cc: Fred Dudley; Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:

This has always been my understanding and practice. 489.128 has no application unless scope of work falls under the defined scopes of "contractor" under definitions of Ch. 489.  You won't find painting or flooring installation under definition of contractor at 489.

Sent from my iPhone

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Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

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We had a case in Miami where ordinance required a local license, with penalties for failure to obtain one.  Penalties did not include unenforceability of contract.  MGM case holds that the court can nonetheless impose penalty of unenforceability if, in its discretion, the public policy interests in doing so outweigh the interest in allowing the claimant to enforce contract.

Frederick C. Barnes, P.A.
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
fcbarneslaw.com

-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of George R. Truitt
Sent: Thursday, January 08, 2015 10:06 AM
To: Gibbons, Michael; 'Fred Dudley'
Cc: clc-discussion@lists.flabarrpptl.org; David Salazar; Weintraub, Lee
Subject: Re: [CLC-Discussion] Lien Right?:

Interesting case, dealing with prior and amended version of statute.  It appears that lack of local licensure is still alive in the 3rd DCA based on balancing test.

George R. Truitt

mailto:George.Truitt@csklegal.com
Tel:305-350-5331
Fax:305-373-2294

Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400 Miami Florida 33156 http://www.csklegal.com

[Insert your disclaimer here]

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:47 AM
To: 'Fred Dudley'
Cc: clc-discussion@lists.flabarrpptl.org; Weintraub, Lee
Subject: Re: [CLC-Discussion] Lien Right?:

This is simply wrong.  First, public policy is expressed by the action of the Legislature.  The Florida Legislature, over the years, has made it abundantly clear that it is state licensure and not local licensure that determines the unenforceability of a mechanic's lien and contract.  Take a look at the older versions of Fla. Stat. 713.02(7) back in 1997 for example.  It used to read that no lien shall exist in favor of any contractor, sub or sub-sub unless they are "licensed as a contractor pursuant to the laws of the jurisdiction within which she or he is doing business".  Now, IF that were still the law, you would be correct.  But that law was repealed many years ago and its replacement is far narrower and takes a  more surgical view over the broad club in the former law.  BOTH Fla. Stat. 489.128 and 713.02(7) now expressly link loss of lien/contract rights to definition of "contractor" under Ch. 489.

Your argument relying on local licensure laws also fails to account for the following express language found at 489.128(1)(a) : "For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed".  What could be more clear?

Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:23 AM
To: Weintraub, Lee; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Violation of public policy; the contract is illegal. All Section 489.128 added to the law was when it was amended after the Castro case to allow the OWNER to enforce the contract, thus changing the contract from void to voidable by the owner.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Weintraub, Lee [mailto:lweintraub@bplegal.com]
Sent: Thursday, January 08, 2015 9:21 AM
To: Fred Dudley; Gibbons, Michael
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

Under what authority?

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group

Becker & Poliakoff, P.A.
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | lweintraub@bplegal.com www.bplegal.com

Visit www.floridaconstructionlawauthority.com today!

-----Original Message-----
From: Fred Dudley [mailto:dudley@mylicenselaw.com]
Sent: Thursday, January 08, 2015 9:19 AM
To: Gibbons, Michael; Weintraub, Lee
Cc: Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien Right?:

BUT if a local license is required for such work, the failure be licensed may still be a defense to a lien.

Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com

-----Original Message-----
From: Gibbons, Michael [mailto:Michael.Gibbons@lowndes-law.com]
Sent: Thursday, January 08, 2015 9:06 AM
To: Weintraub, Lee
Cc: Fred Dudley; Sean A. Mickley; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:

This has always been my understanding and practice. 489.128 has no application unless scope of work falls under the defined scopes of "contractor" under definitions of Ch. 489.  You won't find painting or flooring installation under definition of contractor at 489.

Sent from my iPhone

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

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CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation.

Agreed

George R. Truitt

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On Jan 8, 2015, at 10:24 AM, Gibbons, Michael Michael.Gibbons@lowndes-law.com wrote:

Fred is on the point. If you look at all cases dealing with this, not just construction licensure cases, you will find one of the keys is whether the lack of license is a crime. If so, courts hold that a contract is void as public policy violation.

So look to see if the local ordinance makes it a crime to contract without a license.
Ray

Sent from my iPhone

On Jan 8, 2015, at 10:27 AM, "George R. Truitt" George.Truitt@csklegal.com wrote: