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Are contracts with unlicensed electricians void or unenforceable?

If I hired someone in the state of Florida who claimed to be a licensed electrician, but I later discovered he is not listed on the DBPR website and his LLC is inactive; is the contract void or unenforceable. If I have already paid him; can I recover my money on that basis or due to substandard workmanship?

1 reply

Feb 17, 2020

If an unlicensed contractor performs work that requires a license, the contract for work will typically be unenforceable in law or in equity. Meaning, the contractor likely won't be able to pursue a lawsuit or lien claim in order to recover payment. However, it doesn't appear that an unlicensed Florida contractor would have to disgorge all amounts they've received for their work. But, if an unlicensed contractor damages or injures the owner by performing defective work, that owner will be able to pursue treble (triple) damages against their contractor under Fla. Stat. §768.0425. With the above being said, I'll be the first to admit that I'm no expert on Florida's licensing rules and remedies for owners with unlicensed contractors. And, consulting with a Florida construction attorney might be fruitful in determining how best to go after an unlicensed contractor. Further, you can report unlicensed activity to the Florida DBPR here.

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