Supreme Court of Florida

Earth Trades, Inc. v. T & G Corporation

January 24, 201338 Fla. L. Weekly Supp. 35

Summary

The court held that an unlicensed contractor cannot invoke the in pari delicto defense merely by showing that the other contracting party knew of its lack of licensure. The governing statute places the legal consequences of unlicensed contracting primarily on the unlicensed contractor and permits the other party to enforce the contract. The court approved the decision below and disapproved contrary precedent to the extent it recognized the defense on those facts.