Application of In Pari Delicto Defense



Earth Trades. Inc. v. T & G Corporation, Case No. SC10-1892, filed January 24, 2013.. The Supreme Court held that a general contractor's knowledge that a subcontractor was not licensed does not create a defense of in pari delicto.  As a result, Section 489.128 prohibited an unlicensed utility and excavation contractor from recovering for site work. (From RPPTL Subcommittee) 

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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