17/10/2025
🚩RED FLAG FRIDAY 🚩 🏛️ Court Lesson: Why Licensing & Proper Contracts Matter
This recent court decision offers an important learning moment for Florida homeowners and builders about the value of clear contracts, proper licensing, and transparency.
On October 15, 2025, the court denied the motion to compel arbitration filed by MSR Construction & Development LLC and Caress Restrepo.
🚩According to the official court order, the document relied on as a contract was not enforceable under Florida law and could not be used to remove the case from public court.
🔍 Key Findings Referenced in the Court’s Order
🚩 1. Contract Ex*****on
The order notes that the document was signed only by the homeowner. The contractor section was left blank.
The document listed License # CBC1266909 beneath the name Caress Restrepo; however, DBPR records show this license is registered to Daravious T. Perkins, not Restrepo.
🚩 2. License Verification
Public DBPR records confirm that License # CBC1266909 belongs to Daravious T. Perkins, a certified building contractor.
The court’s order refers to these records and notes that a permit connected to that license had expired with no work performed.
The order also indicates that Mr. Perkins had no involvement or supervision regarding the agreement presented by Restrepo.
🚩 3. Enforcement by Unlicensed Parties
The judge cited Florida Statute § 489.128(1)(a), which bars unlicensed contractors—or companies not properly qualified under a licensed contractor—from enforcing a contract or invoking arbitration.
🚩 4. Arbitration Clause Scope
The court found that the arbitration clause did not apply because the dispute involved a separate verbal understanding about obtaining signed and sealed engineering plans, which was outside the written contract’s terms.
💡 Homeowner Takeaways (Educational Only)
✅Always verify licenses directly at MyFloridaLicense.com
✅Ensure that the person signing your contract is the same individual listed on the license.
✅If a company lists a qualifier’s license (for example, CBC1266909), that qualifier must actively supervise the project; otherwise, the company is considered unlicensed for that job.
✅Never pre-pay for plans, permits, or engineering work until confirming that the professional is properly licensed and authorized.
This case will now proceed in public court, ensuring that the process remains transparent and accountable for all parties.