John Hancock-Gannon Joint Venture II v. McNully

In this homeowner action against an unlicensed contractor, we reverse in part because appellee Clifton F. McNully cannot enforce his contract with the owner, appellant John Hancock-Gannon, Joint Venture II, and thus, cannot assert his contractual defenses. We affirm the dismissal of the gross negligence claims.

The owner hired McNully, a roofing contractor, to repair damage to the roof of its apartment complex caused by Hurricane Andrew. McNully had relocated to Dade County from Arkansas in the aftermath of the hurricane. He obtained a temporary license under an emergency provision of the Dade…