Court Finds in Favor of Unlicensed Contractor

In Brock v. Garner Window & Door Sales, Inc., 187 So.3d 294 (Fla. 5th DCA 2016), the Court held that an unlicensed window installer could enforce the 4 year statute of limitations on construction contracts with licensed contractors even though he was unlicensed.  It further held that Florida Statute 489.128, Florida Statutes which makes contracts with unlicensed contractors void did not prevent the window installer from asserting the statute of limitations defense.

We question the long term viability of this decision given that the statute of limitations relied on by the unlicensed contractor specifically states that is applicable to “licensed contractors.”