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alanhlubitzpa (at) bellsouth.net

Wed, Sep 26, 2018 5:50 PM

Colleagues,

My firm represents a contractor that has been performing Hurricane Irene
repairs to single family homes in South Florida. My client's contract with
the homeowner requires it to estimate the cost to repair the damage,
transmit the estimate to the homeowner's insurance carrier and communicate
with the carrier's adjuster to finalize the claim. The contract states that
the contractor will accept the amount paid by the insurance company, plus
the amount of the insurance deductible paid by the homeowner, as full
compensation for the repairs.

The homeowner wrongfully terminated the contract, and my client filed suit.
One of the affirmative defenses to the claim is that the contract is illegal
because the contractor is not licensed as a Florida public adjuster. My
client insists that this affirmative defense has no merit. Does anyone have
a case or ruling that supports my client's position?

I look forward to your responses.

Alan

Alan H. Lubitz, Esq.
Law Office of Alan H. Lubitz, P. A.
101 Plaza Real South

Suite 401

Boca Raton, FL 33432
Phone: 561-368-4404

Cell: 305-742-6556

mailto:alanhlubitzpa@bellsouth.net alanhlubitzpa@bellsouth.net

This transmission is intended to be delivered only to the named
addressee(s). This email may contain information that is confidential,
proprietary, attorney work-product or attorney-client privileged. If you are
not the intended recipient, nor the employee or agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including any attachments) is
strictly prohibited. If you have received this email in error, please notify
the sender by email reply.

Colleagues, My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client's contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner's insurance carrier and communicate with the carrier's adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs. The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client's position? I look forward to your responses. Alan Alan H. Lubitz, Esq. Law Office of Alan H. Lubitz, P. A. 101 Plaza Real South Suite 401 Boca Raton, FL 33432 Phone: 561-368-4404 Cell: 305-742-6556 <mailto:alanhlubitzpa@bellsouth.net> alanhlubitzpa@bellsouth.net This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

WL

Weintraub, Lee

Wed, Sep 26, 2018 6:00 PM

Aside from the question you asked, you should be concerned about the enforceability of your client’s contract based upon the lack of a definitive price term. There is case law on point invalidating contracts like yours.

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

[cid:b8f931.png@9c774f36.458ba6de]

Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale, FL 33301

T: 954.985.4147
F: 954.985.4176
lweintraub@beckerlawyers.com

beckerlawyers.comhttp://www.beckerlawyers.com
Connect on LinkedInhttp://www.linkedin.com/pub/lee-weintraub/1b/a0b/813 | Follow on Twitterhttp://twitter.com/leeweintraub

[www.facebook.com/beckerpoliakoff]<www.facebook.com/beckerpoliakoff> [twitter.com/BeckerPoliakoff] <twitter.com/BeckerPoliakoff> [www.linkedin.com/company/becker-&-poliakoff-p.a.] <www.linkedin.com/company/becker-&-poliakoff-p.a.>

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of alanhlubitzpa@bellsouth.net
Sent: Wednesday, September 26, 2018 1:51 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 'James Baker' jim@accmastercraftfl.com; 'Scott Haft' SrHaft@haftlawgroup.com
Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

Colleagues,

My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs.

The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position?

I look forward to your responses.

Alan
Alan H. Lubitz, Esq.
Law Office of Alan H. Lubitz, P. A.
101 Plaza Real South
Suite 401
Boca Raton, FL 33432
Phone: 561-368-4404
Cell: 305-742-6556
alanhlubitzpa@bellsouth.net mailto:alanhlubitzpa@bellsouth.net

This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

Aside from the question you asked, you should be concerned about the enforceability of your client’s contract based upon the lack of a definitive price term. There is case law on point invalidating contracts like yours. Lee A. Weintraub Shareholder Board Certified in Construction Law Chair, Public Private Partnerships Practice Group Vice Chair, Construction Law and Litigation Practice Group [cid:b8f931.png@9c774f36.458ba6de] Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 T: 954.985.4147 F: 954.985.4176 lweintraub@beckerlawyers.com beckerlawyers.com<http://www.beckerlawyers.com> Connect on LinkedIn<http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> | Follow on Twitter<http://twitter.com/leeweintraub> [www.facebook.com/beckerpoliakoff]<www.facebook.com/beckerpoliakoff> [twitter.com/BeckerPoliakoff] <twitter.com/BeckerPoliakoff> [www.linkedin.com/company/becker-&-poliakoff-p.a.] <www.linkedin.com/company/becker-&-poliakoff-p.a.> From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of alanhlubitzpa@bellsouth.net Sent: Wednesday, September 26, 2018 1:51 PM To: clc-discussion@lists.flabarrpptl.org Cc: 'James Baker' <jim@accmastercraftfl.com>; 'Scott Haft' <SrHaft@haftlawgroup.com> Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question Colleagues, My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs. The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position? I look forward to your responses. Alan Alan H. Lubitz, Esq. Law Office of Alan H. Lubitz, P. A. 101 Plaza Real South Suite 401 Boca Raton, FL 33432 Phone: 561-368-4404 Cell: 305-742-6556 alanhlubitzpa@bellsouth.net<mailto:alanhlubitzpa@bellsouth.net> This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

SA

Sean A. Mickley

Wed, Sep 26, 2018 6:10 PM

Alan,

The final piece of that puzzle “communicate with the carrier’s adjuster to finalize the claim” is somewhat troubling as that is what a public adjuster is licensed to do. With that said, however, Section 626.854(15) provides as follows:

(15) A licensed contractor under part I of chapter 489, or a subcontractor, may not adjust a claim on behalf of an insured unless licensed and compliant as a public adjuster under this chapter. However, the contractor may discuss or explain a bid for construction or repair of covered property with the residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured.

I think that a contractor can certainly submit the estimate of work to be provided, which can include overhead and profit. The contractor can also discuss the bid/estimate with the insurer. The contractor cannot take the next step of negotiating the amounts to be paid under the insurance policy. Usually, when there is a coverage dispute, the contractor, as an assignee, will file a breach of contract suit, or engage an attorney to negotiate coverage. This is because an attorney is exempted from public adjuster licensure requirements under Florida law.

Nevertheless, so long as the contractor did not perform work that would fall under public adjusting licensure, then the provision that may be deemed illegal may be stricken with the remaining portions intact.

But as Lee just mentioned, there is a case Gables I Townhomes v. Sunmark Restoration out of the 3d DCA that is a bit concerning regarding these types of contracts. That case however is, in my opinion, an outlier. It was entered in 1996 and not a single case cites to it since that time. Additionally, there was no assignment of benefits in the Gables case, which makes it factually distinguishable in my opinion as an assignment of benefits provides the contractor all rights in the post-loss benefits and causes of action. That is just my .02.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of alanhlubitzpa@bellsouth.net
Sent: Wednesday, September 26, 2018 1:51 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 'James Baker' jim@accmastercraftfl.com; 'Scott Haft' SrHaft@haftlawgroup.com
Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

Colleagues,

My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs.

The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position?

I look forward to your responses.

Alan
Alan H. Lubitz, Esq.
Law Office of Alan H. Lubitz, P. A.
101 Plaza Real South
Suite 401
Boca Raton, FL 33432
Phone: 561-368-4404
Cell: 305-742-6556
alanhlubitzpa@bellsouth.net mailto:alanhlubitzpa@bellsouth.net

This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

Alan, The final piece of that puzzle “communicate with the carrier’s adjuster to finalize the claim” is somewhat troubling as that is what a public adjuster is licensed to do. With that said, however, Section 626.854(15) provides as follows: (15) A licensed contractor under part I of chapter 489, or a subcontractor, may not adjust a claim on behalf of an insured unless licensed and compliant as a public adjuster under this chapter. However, the contractor may discuss or explain a bid for construction or repair of covered property with the residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured. I think that a contractor can certainly submit the estimate of work to be provided, which can include overhead and profit. The contractor can also discuss the bid/estimate with the insurer. The contractor cannot take the next step of negotiating the amounts to be paid under the insurance policy. Usually, when there is a coverage dispute, the contractor, as an assignee, will file a breach of contract suit, or engage an attorney to negotiate coverage. This is because an attorney is exempted from public adjuster licensure requirements under Florida law. Nevertheless, so long as the contractor did not perform work that would fall under public adjusting licensure, then the provision that may be deemed illegal may be stricken with the remaining portions intact. But as Lee just mentioned, there is a case Gables I Townhomes v. Sunmark Restoration out of the 3d DCA that is a bit concerning regarding these types of contracts. That case however is, in my opinion, an outlier. It was entered in 1996 and not a single case cites to it since that time. Additionally, there was no assignment of benefits in the Gables case, which makes it factually distinguishable in my opinion as an assignment of benefits provides the contractor all rights in the post-loss benefits and causes of action. That is just my .02. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of alanhlubitzpa@bellsouth.net Sent: Wednesday, September 26, 2018 1:51 PM To: clc-discussion@lists.flabarrpptl.org Cc: 'James Baker' <jim@accmastercraftfl.com>; 'Scott Haft' <SrHaft@haftlawgroup.com> Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question Colleagues, My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs. The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position? I look forward to your responses. Alan Alan H. Lubitz, Esq. Law Office of Alan H. Lubitz, P. A. 101 Plaza Real South Suite 401 Boca Raton, FL 33432 Phone: 561-368-4404 Cell: 305-742-6556 alanhlubitzpa@bellsouth.net<mailto:alanhlubitzpa@bellsouth.net> This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

EK

Ed Kinberg

Sat, Sep 29, 2018 11:54 PM

Good reply, Sean.

http://uslegalteam.com[cid:siglogo_adffa226-ec21-4b9d-8ff6-f18e4dc899ea.jpg]

http://legalteamusa.net/zwm-florida-today-business-of-the-year/

Ed Kinberg, Attorney at Law
1990 W New Haven Ave Ste. 201
Melbourne, Florida 32904
(321) 255-2332
(321) 255-2351 fax
[cid:pri_a67da214-7f81-4c21-810b-c77abfd26120.jpg]http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm

https://www.legalteamusa.net/widerman-malek-pl-selected-2016-company-watch-growfl/

NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Sean A. Mickley
Sent: Wednesday, September 26, 2018 2:11 PM
To: alanhlubitzpa@bellsouth.net; clc-discussion@lists.flabarrpptl.org
Cc: 'James Baker' jim@accmastercraftfl.com; 'Scott Haft' SrHaft@haftlawgroup.com
Subject: Re: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

Alan,

The final piece of that puzzle “communicate with the carrier’s adjuster to finalize the claim” is somewhat troubling as that is what a public adjuster is licensed to do. With that said, however, Section 626.854(15) provides as follows:

(15) A licensed contractor under part I of chapter 489, or a subcontractor, may not adjust a claim on behalf of an insured unless licensed and compliant as a public adjuster under this chapter. However, the contractor may discuss or explain a bid for construction or repair of covered property with the residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured.

I think that a contractor can certainly submit the estimate of work to be provided, which can include overhead and profit. The contractor can also discuss the bid/estimate with the insurer. The contractor cannot take the next step of negotiating the amounts to be paid under the insurance policy. Usually, when there is a coverage dispute, the contractor, as an assignee, will file a breach of contract suit, or engage an attorney to negotiate coverage. This is because an attorney is exempted from public adjuster licensure requirements under Florida law.

Nevertheless, so long as the contractor did not perform work that would fall under public adjusting licensure, then the provision that may be deemed illegal may be stricken with the remaining portions intact.

But as Lee just mentioned, there is a case Gables I Townhomes v. Sunmark Restoration out of the 3d DCA that is a bit concerning regarding these types of contracts. That case however is, in my opinion, an outlier. It was entered in 1996 and not a single case cites to it since that time. Additionally, there was no assignment of benefits in the Gables case, which makes it factually distinguishable in my opinion as an assignment of benefits provides the contractor all rights in the post-loss benefits and causes of action. That is just my .02.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of alanhlubitzpa@bellsouth.net mailto:alanhlubitzpa@bellsouth.net
Sent: Wednesday, September 26, 2018 1:51 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Cc: 'James Baker' <jim@accmastercraftfl.com mailto:jim@accmastercraftfl.com>; 'Scott Haft' <SrHaft@haftlawgroup.com mailto:SrHaft@haftlawgroup.com>
Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

Colleagues,

My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs.

The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position?

I look forward to your responses.

Alan
Alan H. Lubitz, Esq.
Law Office of Alan H. Lubitz, P. A.
101 Plaza Real South
Suite 401
Boca Raton, FL 33432
Phone: 561-368-4404
Cell: 305-742-6556
alanhlubitzpa@bellsouth.net mailto:alanhlubitzpa@bellsouth.net

This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

Good reply, Sean. <http://uslegalteam.com>[cid:siglogo_adffa226-ec21-4b9d-8ff6-f18e4dc899ea.jpg] <http://legalteamusa.net/zwm-florida-today-business-of-the-year/> Ed Kinberg, Attorney at Law 1990 W New Haven Ave Ste. 201 Melbourne, Florida 32904 (321) 255-2332 (321) 255-2351 fax [cid:pri_a67da214-7f81-4c21-810b-c77abfd26120.jpg]<http://www.primerus.com/law-firms/widerman-malek-melbourne-florida-fl.htm?params=zies-widerman-malek-melbourne-florida-fl.htm> <https://www.legalteamusa.net/widerman-malek-pl-selected-2016-company-watch-growfl/> NOTICE: This message and any attachments are solely for the use of the intended recipient. They may contain privileged and/or confidential information, attorney work product, or other information protected from disclosure. If you are not an intended recipient, you are hereby notified that you received this email in error. Any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you are not the intended recipient of this email, please contact Widerman Malek at the above-referenced number, and delete the message and any attachment from your system. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Sean A. Mickley Sent: Wednesday, September 26, 2018 2:11 PM To: alanhlubitzpa@bellsouth.net; clc-discussion@lists.flabarrpptl.org Cc: 'James Baker' <jim@accmastercraftfl.com>; 'Scott Haft' <SrHaft@haftlawgroup.com> Subject: Re: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question Alan, The final piece of that puzzle “communicate with the carrier’s adjuster to finalize the claim” is somewhat troubling as that is what a public adjuster is licensed to do. With that said, however, Section 626.854(15) provides as follows: (15) A licensed contractor under part I of chapter 489, or a subcontractor, may not adjust a claim on behalf of an insured unless licensed and compliant as a public adjuster under this chapter. However, the contractor may discuss or explain a bid for construction or repair of covered property with the residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured. I think that a contractor can certainly submit the estimate of work to be provided, which can include overhead and profit. The contractor can also discuss the bid/estimate with the insurer. The contractor cannot take the next step of negotiating the amounts to be paid under the insurance policy. Usually, when there is a coverage dispute, the contractor, as an assignee, will file a breach of contract suit, or engage an attorney to negotiate coverage. This is because an attorney is exempted from public adjuster licensure requirements under Florida law. Nevertheless, so long as the contractor did not perform work that would fall under public adjusting licensure, then the provision that may be deemed illegal may be stricken with the remaining portions intact. But as Lee just mentioned, there is a case Gables I Townhomes v. Sunmark Restoration out of the 3d DCA that is a bit concerning regarding these types of contracts. That case however is, in my opinion, an outlier. It was entered in 1996 and not a single case cites to it since that time. Additionally, there was no assignment of benefits in the Gables case, which makes it factually distinguishable in my opinion as an assignment of benefits provides the contractor all rights in the post-loss benefits and causes of action. That is just my .02. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of alanhlubitzpa@bellsouth.net<mailto:alanhlubitzpa@bellsouth.net> Sent: Wednesday, September 26, 2018 1:51 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Cc: 'James Baker' <jim@accmastercraftfl.com<mailto:jim@accmastercraftfl.com>>; 'Scott Haft' <SrHaft@haftlawgroup.com<mailto:SrHaft@haftlawgroup.com>> Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question Colleagues, My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs. The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position? I look forward to your responses. Alan Alan H. Lubitz, Esq. Law Office of Alan H. Lubitz, P. A. 101 Plaza Real South Suite 401 Boca Raton, FL 33432 Phone: 561-368-4404 Cell: 305-742-6556 alanhlubitzpa@bellsouth.net<mailto:alanhlubitzpa@bellsouth.net> This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.

WD

Willis, David

Sun, Sep 30, 2018 2:21 PM

Depending on the wording of the contract, the contractor could have a real issue. I represented a business a couple of years ago in which the contractor agreed to negotiate the claim with the insurance company. My client became dissatisfied with the work, paid the reasonable value of the work performed and terminated. The contractor sued attaching the contract. The court dismissed the contract claim with prejudice ruling it was an illegal contract because the contractor was not a public adjuster. Given the wording of that contract, it was not even a close call for the judge. I had warned the contractor’s counsel it was an issue and the contractor insisted on filing suit.

David C. Willis
Board Certified in Construction Law, Business Litigation and Real Estate [http://www.rumberger.com/90F6E0/Signature/floridabar-boardcertified-sm2.gif]
[Rumberger Kirk & Caldwell]http://www.rumberger.com

407.839.2186 Direct
407.872.7300 Main
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dwillis@rumberger.com
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of alanhlubitzpa@bellsouth.net
Sent: Wednesday, September 26, 2018 1:51 PM
To: clc-discussion@lists.flabarrpptl.org
Cc: 'James Baker'; 'Scott Haft'
Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question

Colleagues,

My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs.

The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position?

I look forward to your responses.

Alan
Alan H. Lubitz, Esq.
Law Office of Alan H. Lubitz, P. A.
101 Plaza Real South
Suite 401
Boca Raton, FL 33432
Phone: 561-368-4404
Cell: 305-742-6556
alanhlubitzpa@bellsouth.net mailto:alanhlubitzpa@bellsouth.net

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Depending on the wording of the contract, the contractor could have a real issue. I represented a business a couple of years ago in which the contractor agreed to negotiate the claim with the insurance company. My client became dissatisfied with the work, paid the reasonable value of the work performed and terminated. The contractor sued attaching the contract. The court dismissed the contract claim with prejudice ruling it was an illegal contract because the contractor was not a public adjuster. Given the wording of that contract, it was not even a close call for the judge. I had warned the contractor’s counsel it was an issue and the contractor insisted on filing suit. David C. Willis Board Certified in Construction Law, Business Litigation and Real Estate [http://www.rumberger.com/90F6E0/Signature/floridabar-boardcertified-sm2.gif] [Rumberger Kirk & Caldwell]<http://www.rumberger.com> 407.839.2186 Direct 407.872.7300 Main 407.497.9174 Cell dwillis@rumberger.com www.rumberger.com<http://www.rumberger.com> vCard<http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf> 300 South Orange Avenue | Suite 1400 | Orlando, FL 32801 Mail To: P.O. Box 1873 | Orlando, FL 32802-1873 [LinkedIn]<https://www.linkedin.com/company/rumberger-kirk-&-caldwell>[Twitter]<https://twitter.com/rumbergerkirk>[Facebook]<https://www.facebook.com/rumbergerkirkcaldwell> The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of alanhlubitzpa@bellsouth.net Sent: Wednesday, September 26, 2018 1:51 PM To: clc-discussion@lists.flabarrpptl.org Cc: 'James Baker'; 'Scott Haft' Subject: [CLC-Discussion] General Contractor License and Florida Public Adjuster License Question Colleagues, My firm represents a contractor that has been performing Hurricane Irene repairs to single family homes in South Florida. My client’s contract with the homeowner requires it to estimate the cost to repair the damage, transmit the estimate to the homeowner’s insurance carrier and communicate with the carrier’s adjuster to finalize the claim. The contract states that the contractor will accept the amount paid by the insurance company, plus the amount of the insurance deductible paid by the homeowner, as full compensation for the repairs. The homeowner wrongfully terminated the contract, and my client filed suit. One of the affirmative defenses to the claim is that the contract is illegal because the contractor is not licensed as a Florida public adjuster. My client insists that this affirmative defense has no merit. Does anyone have a case or ruling that supports my client’s position? I look forward to your responses. Alan Alan H. Lubitz, Esq. Law Office of Alan H. Lubitz, P. A. 101 Plaza Real South Suite 401 Boca Raton, FL 33432 Phone: 561-368-4404 Cell: 305-742-6556 alanhlubitzpa@bellsouth.net<mailto:alanhlubitzpa@bellsouth.net> This transmission is intended to be delivered only to the named addressee(s). This email may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply.