Unlicensed Contracting

If the work required a license, unlicensed contracting can destroy lien and contract rights.

Unlicensed contracting can create major problems in Florida construction disputes. If a contractor is required to be licensed but performs regulated work without the proper license, the consequences can be severe.

In lien disputes, licensing is often outcome-determinative. Under section 713.02(7), Florida Statutes, an unlicensed contractor who was required to be licensed does not have lien rights. A claim of lien recorded under those circumstances is void. For owners, unlicensed contracting may provide a powerful Construction Lien Defense. For contractors, the licensing analysis should be addressed before recording a Claim of Lien or filing suit.

The consequences extend beyond liens. Under section 489.128, Florida Statutes, contracts entered into by an unlicensed contractor are generally unenforceable. This can eliminate the ability to recover under the contract entirely, even if the work was performed.

Unlicensed contracting disputes often involve questions about the exact scope of work, license classification, timing of licensure, qualifying agent status, subcontractor licensing, corporate structure, county or state requirements, and whether the work required a license at all.

These disputes may also overlap with Unpermitted Construction Work, Breach of Construction Contract, Construction Litigation, and payment claims. A licensing issue should be evaluated early because it can reshape the entire case.

Montesino Law assists clients with construction disputes involving licensing defenses, lien validity, contract enforceability, and unlicensed contracting allegations.