Breach of Contract by an Unlicensed Business

[naisa]

if someone please could help me! I had a contract for a tile job in my house and the guy who did the job is an illegal immigrant which I found out too late, and the owner of the business who I signed the contract with was also unlicensed when he said at the beginning that he was licensed. Now I am taking him to court for a refund but I want to know if I could win because he was unlicensed and closed his business they did damages in the house and some tiles are getting separated and are uneven, and was recommended to do all the job again.
now he operates under another name near the past location. can someone tell me if I could win a case like this in small claims? Im in florida, thank you so much.

[M'sta Mikey]

Him being unlicensed does not prevent you from filing a suit. His 'company' did the work and thus is responsible to either make it right or refund your money.

If you've already filed suit, take the original contract, along with any receipts, pictures of any damages, a statement or an estimate from another (reputable) contractor as to what it will take to fix the problem, etc.

Explain your case clearly, concisely, politely; don't get angry or raise your voice - stay composed and stick to the facts. One fact to remember; if you prevail, it's up to you to collect the judgment from him - the courts won't do that.

Good Luck.

[naisa]

thank you so much for your help, I got an estimate of how much will cost to replace it and the cost of the damages but I suit him for a refund and the damages I didnt include the replacement difference, was that a mistake? and is it going to be hard to collect the money from him if he has another business that is an llc, or that doesn't matter? the new business is licensed, can I get the money out of his new business like a lien, or I can't because the transaction was with the business that was unlicensed? thank you.

[jk]

you would not be entitled to the difference between his price and another contractors. You are entitled to be returned to the same condition you were in before he did the poor work so what that means is a refund of the cost (if a total loss) and possibly the labor to demo his work but that couold go either way. If he caused any collateral damage, you would be entitled to those costs as well.

The installing company is liable for the damages. Depending on how the company was structured, you may be able to seek the damages from the actual owner. You cannot usually make a claim against a successor company since that company has caused you no damage.

[naisa]

forgot to say that in the contract there is a remark that say " no claims allowed on tiles that are on special, does that means I cant sue him because the tiles were on special? and also he wrote his signature and a year of warranty but not even fixed anything and never provided the design included in the contract.

[jk]

you aren't making a claim on the tiles, per se. You are making a claim for his poor workmanship. Just because the tiles were "on special" does not remove his responsibility for providing an acceptable installation and does not limit you claim.

[naisa]

thank you so much, but even though the bad job was done by the illegal immigrant the owner sent, I can still sue the owner? because the illegal immigrant was fired by him and I have no way to serve him, so I sue the owner who is the one I signed the contract with and who is the one who signed the warranty. thank you so much I was loosing hope with this law suit because he closed his business and was not license as I mentioned before.

[naisa]

lastly, is it true that in florida court this contract can not be enforced because the business was not licensed? or I can still get a refund because when I had the transaction I didn't know he was not licensed, he told me he was licensed and was in business for 10 years, wich obviously was another lie.

[jk]

HE wouldn't be able to claim any rights due to the lack of licensure but the unsuspecting homeowner can still seek legal redress.

[naisa]

Thank you jk so much, I was trying to also check if I dont get any money from him if it is considered fraud what they did? you know by they not having a license and never finished the contract and the fix of the floor if I could put a claim in my bank? or is not considered fraud and I cant put a claim. Just ask because I think it will be hard to get the money out of him, and the bank usually refunds the money when illegal transactions occurs, I think he is the one who should pay but was advice to find out if the bank could help since they cashed the check for them and the business obviously violated the law. thank you.