ISLAND HOUSE DEVELOPERS, INC., APPELLANT,
v.
AMAC CONSTRUCTION, INC., APPELLEE
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The court held that the trial court abused its discretion by compelling arbitration without first determining contract enforceability based on the contractor's license status.
Appellant claimed a contract was unenforceable because Appellee, the contractor, lacked a valid license. The trial court granted Appellee's motion to …
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PER CURIAM.
We discuss only one of the issues raised on appeal: whether the trial court abused its discretion1 in granting Appellee’s motion to compel arbitration, based on Appellant’s claim of contract unenforceability pursuant to section 489.128, Florida Statutes. We reverse.
Appellant raised below the issue of contract enforceability in light of the question whether Appellee had a valid general contractor’s. license. See §§ 489.128,2 682.02, 682.03, Fla.Stat.; Castro v. Sangles, 637 So. 2d 989, 990-91 (Fla. 3d DCA 1994) (holding construction contract unenforceable pursuant to section 489.128 because contractor was unlicensed); Doan v. Amelia Retreat Condominium Assoc., Inc., 604 So. 2d 1292, 1293 (Fla. 1st DCA 1992) (trial court’s role in considering motion to compel arbitration, inter alia, to determine whether valid written agreement exists containing arbitration clause). However, the trial court declined to make a finding on whether Appellee was validly licensed for section 489.128 purposes. Because the trial court did not make the above finding, the question of contract enforceability was left unresolved, thereby rendering the motion for arbitration prematurely granted. Accordingly, the trial court abused its discretion in granting Appellee’s motion to compel arbitration. Thus, the trial court’s arbitration order is reversed, and the case is remanded for proceedings consistent with this , opinion.
BOOTH, JOANOS and BENTON, JJ., concur. . See Bickerstaff v. Frazier, 232 So. 2d 190 (Fla. 1st DCA), cert. dismissed, 238 So. 2d 110 (Fla.1970).
. Section 489.128 provides that contracts "performed in full or in part by any contractor who fails to obtain or maintain his license in accordance with this part shall be unenforceable in law or in equity. However, in the event the contractor obtains or reinstates his license, the provisions in this section shall no longer apply.”
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R.A.M. OF S. Fla., Inc. v. WCI Cmtys., Inc., 869 So. 2d 1210 (Fla. 2d DCA 2004)…ntaining an arbitration clause is illegal cannot be compelled to arbitrate the threshold issue of the existence of the agreement to arbitrate; only a court can make that determination.”); see also Island House Developers, Inc. v. Amac Constx., Inc., 686 So. 2d 1377 (Fla. 1st DCA 1997).1 I. BACKGROUND A. Facts of the Case On May 10, 2000, WCI and R.A.M. executed a standard form contract for construction work in which R.A.M. agreed to perform concrete and masonry work for WCI’s “Bay Club at the Colony” projec…
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The Poole & Kent Co. v. Gusi Erickson Constr. Co., 759 So. 2d 2 (Fla. 2d DCA 1999)…e Castro v. Sangles, 687 So. 2d 989 (Fla. 3d DCA 1994). The First District has held that a court should not compel arbitration prior to determining that the relevant contractor held a valid license. See Island House Developers v. Amac Constr., Inc., 686 So. 2d 1377 (Fla. 1st DCA 1997). The legislative history suggests that the statute is intended to address the problems that consumers and the public face due to shoddy work by unlicensed, unqualified contractors. We have considerable doubt that the legislature…
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Rewards Hotel Mgmt. Co., LLC. v. Elite Gen. Contractors, Inc., 860 So. 2d 1011 (Fla. 3d DCA 2003)…ode), review denied, 821 So. 2d 293 (Fla.2002), Riverwalk Apartments, L.P. v. RTM General Contractors, Inc., 779 So. 2d 537 (Fla. 2d DCA 2000) (apparently construing Florida Arbitration Code), and Island House Developers, Inc. v. AMAC Constr., Inc., 686 So. 2d 1377 (Fla. 1st DCA 1997).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Castro v. Sangles, 637 So. 2d 989 (Fla. 3d DCA 1994)
- Bickerstaff v. Frazier, 232 So. 2d 190 (Fla. 1st DCA 1970)
- Doan v. Amelia Retreat Condo. Ass'n, Inc., 604 So. 2d 1292 (Fla. 1st DCA 1992)
- Tripi v. State, 238 So. 2d 110 (Fla. 1970)
- Winston v. Abelow, 238 So. 2d 110 (Fla. 1970)