{"id":887635,"date":"2016-03-15T16:32:29","date_gmt":"2016-03-15T22:32:29","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=887635"},"modified":"2016-03-15T16:32:29","modified_gmt":"2016-03-15T22:32:29","slug":"unlicensed-contractors-statute-of-limitations-defense","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/unlicensed-contractors-statute-of-limitations-defense\/","title":{"rendered":"Unlicensed Contractors: Statute of Limitations Defense"},"content":{"rendered":"

Austin B. Calhoun | Jimerson & Cobb P.A. | March 11, 2016<\/p>\n

Unlicensed contracting is a huge problem in Florida, and the Florida Legislature and Courts have fashioned a host of penalties. See<\/em> Penalties for Unlicensed Contracting in Florida. However, according to a recent opinion from Florida\u2019s Fifth District Court of Appeals, the loss of a \u201cstatute of limitations defense<\/a>\u201d is not one of those penalties. See <\/em>Brock v. Garner Window & Door Sales, Inc.<\/em>, 5D14-1472, 2016 WL 830452 (Fla. 5th DCA Mar. 4, 2016).<\/p>\n

Generally, an unlicensed contractor can assert a statute of limitations defense. Id.<\/em> at n.2 (dissent)(\u201cI agree with the majority that nothing in section 489.128, Florida Statutes, or Earth Trades, Inc., would preclude an unlicensed contractor from asserting a statute of limitations<\/a> defense.\u201d) In particular, the Brock <\/em>court held that an unlicensed contractor can invoke the benefit of the limitations set forth in Section 95.11(3)(c), Florida Statutes. Section 95.11(3)(c) provides a 4-year limitation for actions \u201cfounded on the construction of an improvement to real property,\u201d which is shorter than the five-year limitation on written contracts generally.<\/p>\n

In Brock<\/em>, the appellant made two arguments as to why the unlicensed contractor should be precluded from raising the Section 95.11(3)(c) 4-year limitation defense. First, the language of Section 95.11(3)(c) includes the term \u201clicensed contractor.\u201d That Section provides a four year statute of limitations period for:<\/p>\n

An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor<\/u> and his or her employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.<\/p>\n

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