Taylor Morrison Services, Inc. v. Ecos

163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929
CourtDistrict Court of Appeal of Florida
DecidedMay 28, 2015
DocketNo. 1D14-2663
StatusPublished
Cited by2 cases

This text of 163 So. 3d 1286 (Taylor Morrison Services, Inc. v. Ecos) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor Morrison Services, Inc. v. Ecos, 163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929 (Fla. Ct. App. 2015).

Opinion

RAY, J.

Taylor Morrison Services, Inc., Appellant, challenges a final judgment ruling that it was an unlicensed contractor for the construction of a home for Carol Ecos and Susan Bessing, Appellees. To be considered licensed with respect to this contract, Appellant had to “have a primary or secondary qualifying agent in accordance with [1288]*1288[chapter 489, part I, Florida Statutes] concerning the scope of the work to be performed under the contract” on the effective date of the contract. § 489.128(1), Florida Statutes (2008). We reverse because Appellant met this requirement.

Effective February 13, 2004, the parties entered into an agreement for the construction and purchase of a home. After closing on the home and discovering defects, Appellees sued Appellant for negligence by an unlicensed contractor, seeking treble damages and attorneys’ fees under section 768.0425(2), Florida Statutes (2003). The parties stipulated that construction defects in the home caused compensatory damages in the amount of $200,000 and proceeded to a non-jury trial on Appellees’ request for treble damages and attorneys’ fees.- The parties’ relevant arguments before the trial court centered on whether Appellant was an “unlicensed contractor” within the meaning of section 489.128(1), which provides that “[a] business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract.” Section 489.128(l)(c) further instructs that “a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract or the work, if stated therein, or if not stated, the date the last party to the contract executed it, if stated therein.”1

On the effective date of the contract at issue, records of the Department of Business and Professional Regulation Construction Industry Licensing Board (the Department) listed four contractors as “qualifying agents” -for Appellant. One was Lisa Marie Steiner, who had resigned from her employment with Appellant a few weeks earlier, and another was Douglas Guy, a duly licensed certified building contractor who remained employed with Appellant in various capacities throughout the contract period. Guy attested that he was also a primary qualifying agent for Appellant throughout this period, including on the contract date.

Approximately two and a half months after the parties entered into the contract, someone applied for the building permit for Appellees’ home. The application indicates that Steiner signed before a notary as the “licensed contractor” for the project on behalf of Appellant. Steiner, however, testified that she had no involvement with this project and doubted the signature’s authenticity. In any event, although she had signed blank applications for building permits while employed with Appellant, she did not authorize Appellant to pull the permit for this project using her license. It was undisputed that Steiner did not supervise the construction, and after considering evidence concerning the manner in which the project was carried out, the court found that no licensed contractor actually did.

Focusing on the apparent fraud in the permit application and the lack of construction supervision, the trial court ruled that Appellant was unlicensed. The trial court interpreted section 489.128(l)’s licen-sure-status language as requiring a business organization (1) to have a primary or secondary qualifying agent who is charged with directing, supervising, managing, and controlling the construction of the house that is the subject of the contract and (2) [1289]*1289to have the licensed individual who is charged with directing, supervising, managing, and controlling the construction of the house pull the building permit. Applying this interpretation, the trial court found that Appellant “acted as an unlicensed contractor when it constructed [Ap-pellees’] house” because (1) an unknown person or persons obtained the building permit using Steiner’s license -without her permission and (2) Appellant built the house “without the direction, supervision, management, and control of the licensed contractor listed on the building permit or any other licensed contractor.”

The correctness of the trial court’s order turns on an issue of statutory construction, which is subject to de novo review. Diamond Aircraft Indus., Inc. v. Horowitch, 107 So.3d 362, 367 (Fla.2013). Proper statutory analysis begins with the plain language of the statute, Koile v. State, 934 So.2d 1226, 1230 (Fla.2006), which is to be considered in context, Variety Children’s Hosp., Inc. v. Perkins, 382 So.2d 331, 337 (Fla. 3d DCA 1980), and not construed in a way that renders any portion of the statute meaningless, Mendenhall v. State, 48 So.3d 740, 749 (Fla.2010). When the language is unclear or ambiguous, it is appropriate to apply established principles of interpretation to discern the meaning of the governing text. Koile, 934 So.2d at 1231.

To be considered licensed under section 489.128(1), a business organization must have a “qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract,” and this determination must be made as of the contract’s effective date when, as here, that date is known. Section 489.128(l)(c) precludes considering events that occur after that date, by instructing that a contractor be considered unlicensed “only if’ the contractor is unlicensed at that specific time. Contrary to this date requirement, the trial court’s application of section 489.128(1) depended entirely on events that occurred after the effective date of the contract, namely the permitting of the project and its supervision, or lack thereof.

In support of the trial court’s analysis, Appellees argue that the statutory definitions of “primary qualifying agent” and “secondary qualifying agent” require consideration of the actual permitting and supervision of a project to determine licen-sure under section 489.128(1). Those terms are defined in section 489.105, Florida Statutes (2003), as follows:

(4) “Primary qualifying agent” means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he or she is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.
(5) “Secondary qualifying agent” means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.

Appellees emphasize the language in both definitions stating that a qualifying agent “has the responsibility to supervise, direct, manage, and control construction activities [1290]*1290on a job for which he or she has obtained the building permit” (or “a permit” in the case of a secondary, rather than primary, agent).

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Cite This Page — Counsel Stack

Bluebook (online)
163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-morrison-services-inc-v-ecos-fladistctapp-2015.