Suppose a Florida handy man does work on the property.
But the homeowner is not happy with the job. And refuses
To pay the handyman for the total amount. Since there was no written contract and the handyman not being a license contractor, I believe he cannot file a mechanic’s lien on the property. But for the work he did performed he must get paid something.
May be up to a judge? Does this hypothesis sound correct?

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Originally Posted by pastor1189

Suppose a Florida handy man does work on the property.
But the homeowner is not happy with the job. And refuses
To pay the handyman for the total amount. Since there was no written contract and the handyman not being a license contractor, I believe he cannot file a mechanic’s lien on the property. But for the work he did performed he must get paid something.
may be up to a judge? Does this hypothesis sound correct?

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I have a problem with someone hiring a handyman (apparently who should be licensed) who is not licensed and then using the lack of a license against the same handyman.

An oral contract is binding if there is an understanding between the parties. In NY you cannot be paid if the activity is illegal - for example, an illegal apartment or an unlicensed contractor.

Morally, yes, I'd say the homeowner owes the handyman the value of the work, but this is a legal board. If it comes down to a Judge I think the "licensed required" angle (and it is an angle) will be a problem for the handyman.

What is the cause of the dispute? Unfinished, poorly done, something else? In most cases you get what you pay (or contract) for.

He takes the homeowner to small claims court with all pertinent information. Never enter into a situation like this without getting everything down on paper. He must have receipts for materials purchased?

Very Good Opinions

Legally, there are cases where the judge has refused to allow a illegal worker collect pay for the work they did. All of the cases I am aware of was plumbers where not only license is required but also inspection and code rules. Plus the work was not done correctly.

But most areas there is a rule that a person can not profit from a illegal activity, normally used for criminals who want to profit from their crime. But it has been used to apply to this.

If a worker does not have a license and a licence is needed to do the work, then the contract even written would be void since a contract to perform a illegal activity can not be enforced. Or at least that is the argument that can be made.

Very informative