Can unlicensed material men or laborers put a lien on a property? We have a laborer who used to be a subcontractor. He no longer has certification or licensure. He is not honoring the contract's estimated cost and suggests he should be paid more than the proposal he originally wrote up and agreed to. Now that it is time for him to accept the final payment, he refuses to. All the bookkeeping and calculations are in full detail and correct, but he continues to disregard the evidence and demand he is paid more. Can he put a lien on the house if he is not paid for the overcharged amount he is asking for?
In Florida, an unlicensed contractor and subcontractor cannot file a lien if licensure is required for their work. However, for laborers or materialmen, there is generally no requirement for licensure. In addition, whether or not an unlicensed contractor can file a lien should be the least of their worries. Per 489.128 of Florida's Regulation of Professions and Occupations code states that, as a matter of public policy, contracts entered in by an unlicensed contractor shall be unenforceable by the unlicensed contractor. There are criminal penalties that come into play in this case as well. The first time an unlicensed contractor or sub commits a violation, it's a misdemeanor. In general, the state of Florida is serious when it comes to unlicensed contracting.
If an invalid lien is filed on your property, there are steps you can take to fight against it.
Good luck!