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.'
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