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can an unlicensed but LLC'ed construction individual file a mechanics lien in the state of Florida

FloridaMechanics Lien

Santa Rosa County, FL: An individual claiming to be a general contractor began renovation on our house in Feb 2021. He has since stated he was under a mentorship with a local GC, but he himself is not licensed. He never provided us a contract to sign, only sent an invoice of cost breakdown. He as failed to complete work we have paid for. He claims we owe him and is intending to place a mechanics lien on the property. Is this possible? Thanks in advance

3 replies

Aug 14, 2021

An unlicensed contractor does not have lien rights. If you do not have a contract with the GC who is mentoring him, and that GC pulled the permit, then the GC is renting his license, which is illegal. Finally, there are significant penalties for unlicensed contracting in Florida. You should consult an attorney on your rights in this situation.

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Aug 15, 2021
The contractor licensing law is very strict. I want to give you some foundational information before addressing your core question. An individual can be licensed by the state or by a local government. Usually persons who want to be a residential, building or general contractor are state licensed. Getting someone to do construction work for another is the act of "construction contracting." An individual holding a contractor license is not required to do business as a company. A person licensed as a contractor may, through the contractor's licensing board, qualify a business entity to be contracting company. That company gets a separate license number, but it has a an individual holding a contractor license as a "qualifier." Now, for the answer to your question: If the individual or company acting as a contractor is unlicensed at the time a contract is made or the work is commenced, then by Florida statute he/it does not have any legal rights under a written or oral contract, and there are no lien rights.
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Aug 16, 2021

If the work he did requires a license and he is unlicensed, Florida law says that he cannot enforce his contract and therefore cannot record a claim of lien.

 

 

Report him to the DBPR.

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