I am 3/4 through a large bathroom remodeling project. The homeowner found out I was not licensed 6 months ago but we continued work. Now they do not want me to finish the job and want me to pay for completion of job. What are the options?
1 reply
Mar 8, 2021
If the bathroom work requires electrical or plumbing scopes of work, you have to be licensed as a general contractor (CGC, CBC or CRC) and hire licensed plumbers and electricians to properly pull permits and perform the work. Alternatively, if you are licensed as a trade (plumbing or electrical) you can perform such work within your license without being a GC. If the bathroom work just involved drywall, flooring and paint, then you may be able to get by without a contractor’s license as the State of Florida does not require licenses for such scopes of work the way it does for electrical and plumbing. If homeowner knew you were not licensed and the scope of work requires a permit and licensure, then there is an “in pari delicto” argument that the homeowner is equally at fault with you and the Court should not intervene to assist either party. Unfortunately, under Fla. Stat. 489.128, if the contract scope requires licensure as a state contractor, then your contract is void and unenforceable under Florida law and you have no lien rights or contract or equitable rights to enforce payment in court.