- posted: Dec. 24, 2025
Construction disputes are very common in Florida, and outcome of a particular conflict could have severe financial repercussions on an involved party. Before a case even gets to the merits however, there are factors that can dictate the result. For example, contractors who fail to satisfy certain legal requirements might find themselves unable to enforce the terms of an agreement they made with a customer.
Florida Statute Section 489.119(2) requires a business organization to be qualified by the Department of Business and Professional Regulation (DBPR) through a designated agent before engaging in contracting. In CAM Bradford Homes, LLC v. Arrants, Florida’s Fifth District Court of Appeal considered whether an business entity that lacked a license could bring legal action based on the owner’s individual license.
CAM Bradford Homes entered into a contract with Wayne and Berkely Arrants for a project on their home in Fernandina Beach. Before the job was complete, the couple canceled the job and CAM Bradford Homes sued for breach of contract, unjust enrichment and lien foreclosure. The homeowners won on summary judgment based on the fact that while Cameron Bradford, owner of the self-named LLC, was a licensed contractor, the business itself had no license. Furthermore, Bradford had not designated himself as qualifying agent for the business.
The appeals court affirmed the decision, reinforcing Florida’s long-standing policy: unlicensed contractors cannot enforce their contracts. Though Cameron Bradford characterized the license issue as a “technical” violation, the panel focused on the letter of the law. Even though Bradford had supervised the project in the same way that a qualifying agent would, his failure to register as such with the DBPR prevented him from obtaining legal relief stemming from the construction dispute.
Compliance with government codes pertaining to licensing and regulation is critical. It does not matter that the person actually performing or supervising has the skills or experience to do so. Likewise, the question of who was right or wrong in the underlying dispute might not even matter if there was a violation of Florida law, even one that many people would regard as merely technical. If you’re considering business litigation or a lawsuit has been filed against you, it is imperative to work with an experienced attorney who can review the facts and assess the potential flaws in each party’s case.
Clay Parker, Esq. The Florida Lawyer represents businesses statewide in a various types of civil litigation matters. For an appointment to discuss your particular legal needs, please call [ln::phone] or contact us online. Our office is in Orlando.
