Incident365 Florida, LLC v. Ocean Pointe V Condominium Association, Inc.
A disaster mitigation company sued three condominium associations for roughly $1 million unpaid under post-Hurricane Irma service agreements; the trial court granted summary judgment for the associations, holding the entire scope of work required a building contractor's license under sections 489.105(3) and 489.128(1), rendering the contracts unenforceable in law or equity. The Third DCA reversed, holding that six of the seven 'Disaster Recovery Tasks' (water extraction, dehumidification, disposal, anti-microbial application, etc.) are not 'tethered' to the building or structure itself and therefore do not require a building contractor's license, and that genuine issues of material fact remain as to the seventh task, 'structural removal of affected substrates.'
Key facts
- Disaster mitigation company Incident365 sued three condominium associations for approximately $1 million in unpaid fees for post-Hurricane Irma water extraction, dehumidification, anti-microbial treatment, and related services under service agreements.
- Trial court granted summary judgment for the associations, finding the entire scope of work required a building contractor's license under Florida Statutes sections 489.105(3) and 489.128(1), rendering the contracts unenforceable.
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Why it matters
This is the leading Third DCA authority narrowing the reach of section 489.128(1)'s draconian bar on enforcement of unlicensed contractors' contracts, and it is directly useful to restoration, remediation, and cleaning… — full analysis with a trial
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