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Sakwa, Stuart H.

Tue, Jun 25, 2013 4:07 PM

Is anyone aware of a case that holds that a subcontractor who does not
have a certificate of competency for a specialty trade that is required
by a county ordinance, but not 489, is barred from enforcing its
contract or lien rights?

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP

www.arnstein.com http://www.arnstein.com

515 North Flagler Drive

Sixth Floor

West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598

Fax: 561.802.3082
shsakwa@arnstein.com mailto:shsakwa@arnstein.com

http://legalnews.arnstein.com/ http://legalnews.arnstein.com/

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to another party any transaction or matter addressed herein.

Is anyone aware of a case that holds that a subcontractor who does not have a certificate of competency for a specialty trade that is required by a county ordinance, but not 489, is barred from enforcing its contract or lien rights? Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com <http://www.arnstein.com> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 shsakwa@arnstein.com <mailto:shsakwa@arnstein.com> <http://legalnews.arnstein.com/> <http://legalnews.arnstein.com/> Serving Clients for 120 Years Offices in Illinois, Florida, and Wisconsin This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

SA

Sean A. Mickley

Tue, Jun 25, 2013 6:11 PM

Dovetailing off Mr. Sakwa's post...

Homeowner hires an unlicensed contractor/handyman to perform remedial work, including roofing repair work. The unlicensed contractor/handyman does not have safety fall protection while performing the roofing repair work, falls off the Homeowner's roof, lands on his feet and breaks his foot. The unlicensed contractor/handyman now sues the Homeowner for negligence asserting, among other things, that the Homeowner owed the unlicensed contractor/handyman a duty to supervise his work and provide safety fall protection.

Questions:

  Is such a negligence claim arguably barred because he is an unlicensed contractor? If not, can his failure to be licensed under ch. 489, F.S. serve as evidence of negligence for purposes of comparative negligence?

  As a threshold issue, does a Homeowner owe an unlicensed contractor/handyman a duty to supervise his work and/or provide fall protection?

Any input would be appreciated.

Thanks.

[cid:image003.jpg@01CE71AE.06C1B790]

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone 772-231-1100 Fax 772-231-2020

smickley@gouldcooksey.com mailto:smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any tax advice contained in this communication(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Tuesday, June 25, 2013 12:07 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Unlicensed subcontractor for local license

Is anyone aware of a case that holds that a subcontractor who does not have a certificate of competency for a specialty trade that is required by a county ordinance, but not 489, is barred from enforcing its contract or lien rights?

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com http://www.arnstein.com

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
shsakwa@arnstein.com mailto:shsakwa@arnstein.com
[cid:image004.png@01CE71AE.06C1B790]http://legalnews.arnstein.com/ [cid:image005.jpg@01CE71AE.06C1B790] http://legalnews.arnstein.com/
Serving Clients for 120 Years
Offices in Illinois, Florida, and Wisconsin

This electronic mail transmission may contain confidential or privileged information.

If you believe that you have received this message in error, please notify

the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax

advice contained in this written or electronic communication, including any

attachments or enclosures, is not intended or written to be used and it cannot

be used by any person or entity for the purpose of (i) avoiding any tax penalties

that may be imposed by the Internal Revenue Service or any other U.S. Federal

taxing authority or agency or (ii) promoting, marketing or recommending

to another party any transaction or matter addressed herein.

Dovetailing off Mr. Sakwa's post... Homeowner hires an unlicensed contractor/handyman to perform remedial work, including roofing repair work. The unlicensed contractor/handyman does not have safety fall protection while performing the roofing repair work, falls off the Homeowner's roof, lands on his feet and breaks his foot. The unlicensed contractor/handyman now sues the Homeowner for negligence asserting, among other things, that the Homeowner owed the unlicensed contractor/handyman a duty to supervise his work and provide safety fall protection. Questions: 1. Is such a negligence claim arguably barred because he is an unlicensed contractor? If not, can his failure to be licensed under ch. 489, F.S. serve as evidence of negligence for purposes of comparative negligence? 2. As a threshold issue, does a Homeowner owe an unlicensed contractor/handyman a duty to supervise his work and/or provide fall protection? Any input would be appreciated. Thanks. [cid:image003.jpg@01CE71AE.06C1B790] Sean A. Mickley, Esq. Gould Cooksey Fennell 979 Beachland Boulevard Vero Beach, FL 32963 Telephone 772-231-1100 Fax 772-231-2020 smickley@gouldcooksey.com<mailto:smickley@gouldcooksey.com> The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any tax advice contained in this communication(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Tuesday, June 25, 2013 12:07 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Unlicensed subcontractor for local license Is anyone aware of a case that holds that a subcontractor who does not have a certificate of competency for a specialty trade that is required by a county ordinance, but not 489, is barred from enforcing its contract or lien rights? Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 shsakwa@arnstein.com<mailto:shsakwa@arnstein.com> [cid:image004.png@01CE71AE.06C1B790]<http://legalnews.arnstein.com/> [cid:image005.jpg@01CE71AE.06C1B790] <http://legalnews.arnstein.com/> Serving Clients for 120 Years Offices in Illinois, Florida, and Wisconsin This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

RA

Richard A. Burt

Fri, Jun 28, 2013 12:31 AM

The contractor is suing in tort, not contract.

Neither FS 489.128 (dealing with enforceability of a contract for construction), nor the (oral) contract (which does not address/allocate liability for personal injury), nor case law (see Tiara) bars a tort claim arising out of an injury. Subject to workers compensation statutes (of which I know nothing), in my opinion, the tort claim survives even though a contract claim would be barred.

The duty issue might depend upon the homeowner's relationship with the claimant: is the claimant an 'employee' or an 'independent contractor'?

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Tuesday, June 25, 2013 2:11 PM
To: 'Sakwa, Stuart H.'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Unlicensed subcontractor for local license

Dovetailing off Mr. Sakwa's post...

Homeowner hires an unlicensed contractor/handyman to perform remedial work, including roofing repair work. The unlicensed contractor/handyman does not have safety fall protection while performing the roofing repair work, falls off the Homeowner's roof, lands on his feet and breaks his foot. The unlicensed contractor/handyman now sues the Homeowner for negligence asserting, among other things, that the Homeowner owed the unlicensed contractor/handyman a duty to supervise his work and provide safety fall protection.

Questions:

  Is such a negligence claim arguably barred because he is an unlicensed contractor? If not, can his failure to be licensed under ch. 489, F.S. serve as evidence of negligence for purposes of comparative negligence?

  As a threshold issue, does a Homeowner owe an unlicensed contractor/handyman a duty to supervise his work and/or provide fall protection?

Any input would be appreciated.

Thanks.

[Signature-2013-sm]

Sean A. Mickley, Esq.

Gould Cooksey Fennell

979 Beachland Boulevard

Vero Beach, FL 32963

Telephone 772-231-1100 Fax 772-231-2020

smickley@gouldcooksey.com mailto:smickley@gouldcooksey.com

The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you.

Circular 230 Disclosure: In compliance with the requirements imposed by the Internal Revenue Service pursuant to IRS Circular 230, we inform you that any tax advice contained in this communication(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Tuesday, June 25, 2013 12:07 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Unlicensed subcontractor for local license

Is anyone aware of a case that holds that a subcontractor who does not have a certificate of competency for a specialty trade that is required by a county ordinance, but not 489, is barred from enforcing its contract or lien rights?

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com http://www.arnstein.com

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
shsakwa@arnstein.com mailto:shsakwa@arnstein.com
[Description: Celebrating 120 Years of Serving Clients]http://legalnews.arnstein.com/ [Description: Arnstein & Lehr LLP] http://legalnews.arnstein.com/
Serving Clients for 120 Years
Offices in Illinois, Florida, and Wisconsin