489.128 and Local License

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In Austin Building Company v. Rago, Ltd. And Federal Insurance Company, Case No. 3D09-3238, filed April 27, 2011, there were cross-claims by both the prime contractor and concrete structural subcontractor based on Section 489.128, Fla. Stat. which were resolved by summary judgments in favor of each party (and the surety, who insured both the contractor and the subcontractor). Both judgments were reversed in this appeal based on the Court’s retroactive application of the 2009 statutory changes that delete reference to a “local” license, and on the genuine issue of material fact as to the extent of the contractor’s knowledge of the subcontractor’s unlicensed status citing Castro v. Sangles, 637 So.2d 989 (Fla. 3d DCA 1994) barring relief to a plaintiff who participated in a wrongdoing.

Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
www.trentcotney.com

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