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)