SG 2901, LLC v. COMPLIMENTI, INC.
323 So.3d 804
Fla. Dist. Ct. App.2021Background
- SG 2901, LLC (managed by Simeon Garcia) bought a two-story condo and hired Nuria Anor/Complimenti, Inc. to decorate the unit.
- Project scope expanded from simple polishing to significant renovations; Anor told Garcia licensed professionals would be needed and arranged meetings with a licensed general contractor (Antonio Luvara), architect, and A/C contractor.
- Testimony (except Garcia) established that the licensed GC and other professionals were hired and instructed to coordinate with Complimenti, with Garcia retaining final approval and payment authority.
- After completion Garcia withheld part of the payment, alleging deficient workmanship; Complimenti sued for breach of contract and sought foreclosure of a construction/equitable lien; SG defended that Complimenti was an unlicensed contractor and thus barred from enforcing the contract.
- The bench trial court found Complimenti acted as owner representative/interior designer (not a contractor), awarded Complimenti $181,377.38 and allowed a lien; SG appealed.
Issues
| Issue | Complimenti | SG | Held |
|---|---|---|---|
| Whether Complimenti, an unlicensed entity, could enforce its contract | Complimenti: acted as interior designer/owner representative, not a "contractor" under §489.105(3) | SG: Complimenti performed contracting work and is an unlicensed contractor, so contract unenforceable under §489.128(1) | Court: Complimenti was not a contractor; findings supported by substantial evidence; contract enforceable |
| Whether Complimenti was entitled to a lien for its services | Complimenti: performed interior design/supervisory services and thus has a lien under §713.03(1) | SG: No lien should attach (tied to unlicensed-contractor argument) | Court: Services were interior design for residential application; Complimenti entitled to a lien; residential interior design is exempt from licensure |
Key Cases Cited
- Full Circle Dairy, LLC v. McKinney, 467 F. Supp. 2d 1343 (M.D. Fla. 2006) (articulates two‑pronged test to determine whether a person is a "contractor" under §489.105(3))
- Haas Automation, Inc. v. Fox, 243 So. 3d 1017 (Fla. 3d DCA 2018) (bench‑trial factual findings reviewed for competent, substantial evidence)
- Underwater Eng’g Servs., Inc. v. Util. Bd. of City of Key West, 194 So. 3d 437 (Fla. 3d DCA 2016) (standards on appellate review of bench trial findings)
- Emaminejad v. Ocwen Loan Servicing, LLC, 156 So. 3d 534 (Fla. 3d DCA 2015) (bench‑trial review principles)