Unpermitted Construction Work

Unpermitted work creates risk, but it is not the same as unlicensed work.

Unpermitted construction work can create serious project risk, but it is not the same as unlicensed contracting. A lien for unlicensed work is void if the scope of work required a license, while lien rights involving unpermitted work may depend on who was responsible for permitting, what the contract required, whether the work was performed, and whether the permitting issue defeats payment rights.

Unpermitted work disputes often arise when an owner refuses to pay because permits were not obtained, inspections failed, work must be corrected, or a municipality requires after-the-fact compliance. Contractors may respond that permitting was outside their scope, the owner controlled permitting, the work was otherwise performed, or payment is still owed under the contract.

These disputes can overlap with Florida Construction Lien Law, Claim of Lien, Construction Lien Defense, Breach of Construction Contract, and Chapter 558. They may also involve code compliance, defective work allegations, project delay, termination, or repair obligations.

Montesino Law assists clients with unpermitted work disputes involving lien rights, payment claims, owner defenses, contract scope, and construction litigation.