Unlicensed contracting is a crime in Florida. Section 768.0425 provides that a consumer (typically a homeowner) harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees.
In Home Construction Management, a general contractor sought the civil remedies under §768.0425 against its subcontractor for disgorgement and treble damages. Home Construction Management, LLC v. Comet, Inc. 125 So.3d 221 (Fla. 4th DCA 2013). The general contractor alleged that the subcontractor was unlicensed where the scope of labor required licensing and was thus harmed by the overcharges that had been paid to the subcontractor. The court held that the subcontractor was guilty of unlicensed contracting and ordered treble damages and attorney’s fees.
General contractors should be aware of this law as it can be used against unlicensed subcontractors to obtain an award of treble damages and attorney’s fees. Subcontractors, and any unlicensed contractor, should also be aware of the punitive damages, as well as criminal penalties they may face for committing unlicensed contracting in Florida.
Ray Garcia, Esq.
www.floridaconstructionlawgroup.com
