A Florida court of appeals recently ruled that a contractor is considered licensed if it is associated with a qualifying agent licensed to perform the contract work on the effective date of the contract. Other courts previously looked to whether that same licensed individual also obtained the permit and later managed and supervised the construction project when determining licensure status. Under Florida law, a contractor can only enforce a contract if it was licensed at the time it entered into the contract. Knowing how and when a contractor qualifies as licensed is therefore of utmost importance.
In Taylor Morrison Services, Inc. v. Ecos, there was no question that the contractor was associated with a licensed primary qualifying agent at the time it entered into the contract. The court therefore determined that the contractor was licensed under Section 489.128, Florida Statutes. Events occurring after the effective date of the contract, such as a change in licensees, fraud in the permitting, and a lack of project supervision, were irrelevant to the court's contractor licensure determination.
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