Hammer + Gavel provides legal resources for contractors, subcontractors, and material suppliers in the construction industry throughout the state of Florida. Please enter your query in the search box below, click here to view our posts by topic, or browse the latest construction law updates.

Proposed SB 346 would delete a provision of 489.113, Florida Statutes, that previously reserved regulation of hoisting equipment including power-operated cranes, derricks, hoists, elevators, and conveyors used in construction, demolition, or excavation work, to the State of Florida. If enacted, the changes would take place July 1, 2025.
Proposed HB 453 would modify 489.105 by changing the definitions of commercial pool/spa contractor, residential pool/spa contractor, and "swimming pool/spa servicing contractor. If enacted, the changes would take effect July 1, 2025.
11th Circuit court of appeal reverses dismissal with prejudice of breach of contract and copyright claims asserted by architect, finding that factual issues surrounding the basis for termination preclude disposition of the claims on a motion to dismiss. The court found this to be the case despite the existence of a termination for convenience provision in the contract.
11th Circuit affirms delay damages award to subcontractor despite the existence of a “no-damages-for-delay” provision in the subcontractor agreement, finding that general contractor was aware of conditions causing delays and potential solutions, but did not enact those solutions. The opinion provides a thorough analysis of the types of damages awardable under these provisions and the causal link necessary to prove delay damages.
Appellate court reverses judgment and finds that electrical contractor was properly licensed to perform excavation as part of its scope of work when installing underground electrical work. The reversal turn largely on the trial court’s improper application of Part I of Chapter 489, Florida Statutes, to electrical contractors, when they are governed by Part II of Chapter 489, Florida Statutes.
In affirming the imposition of fines for unlicensed contracting, the Court held that a formal administrative hearing is necessary only where the material facts are in dispute.
The appeal arises from a dispute over a failed delivery of garage doors. After a default was entered against the subcontractor, it continued to oppose a motion for summary judgment filed by the general contractor, arguing that the default did not preclude it from contesting the amount of damages to which the general contractor was entitled.
The request came five and a half years into litigation and the denial resulted in summary judgment in favor of a shell contractor attempting to foreclose a $220,000.00 lien.
The decision confirms that where a surety enters into a settlement payment with a project owner, the contractor is entitled to setoff that payment against a subsequent judgment obtained against a contractor for the same damages.
In a short opinion, Florida’s Third District Court of Appeal affirmed a final judgment foreclosing a lien in favor of a general contractor. While the opinion is short and without elaboration, reviewing the underlying trial docket raises questions about the acceptable forms for contractor’s payment affidavits and pleading affirmative defenses relating to lien claims.
Since 2019, roofing contractors in Florida have been subject to a litany of new regulations, including restrictions on advertising methods and certain disclosure requirements in their contracts. On May 2, 2024, Governor DeSantis signed HB 939, which becomes law on July 1, 2024. The new statute imposes new disclosure requirements on roofing contractors and gives homeowners new contract cancellation rights. Roofing contractors in Florida need to evaluate their contracts and contact their attorneys to ensure they comply with the new requirements.
The decision issued by Florida’s Fourth District Court of Appeal found that where a property owner alleged in its complaint that the lien should be discharged due to the contractor’s failure to serve a notice to owner, 713.21(4) did not apply.
The latest in a series of decisions by the 11th Circuit Court of Appeals confirms an insurers duty to defend contractors against complaints of defective work and damages during construction. The three appeals, stretching from 2019 through 2024, provide a lot of insight into the importance of the allegations of the complaint, how coverage can be affected by them, and the breadth of the duty to defend even where coverage may be questionable.
The contractor amended its construction lien, which was then transferred to a bond and contested by the property owner after the start of litigation. When the contractor failed to add the bond’s surety to the lawsuit within 60 days, the property owner sought summary judgment and obtained an order finding the lien was extinguished based on the operation of two sections of Florida’s Construction Lien law.
The changes affects plan requirements for window, door, and garage door replacements; make changes to the sections governing private providers; impose new deadlines for permit application approvals and penalties for failing to meet them; and new standards for certain unvented spaces.
Florida’s Third District Court of Appeal reversed summary judgment entered in favor of the construction company’s president, finding that fact issues remained about whether the president ordered the company’s employee to place a tarp on a roof without also providing appropriate safety equipment.
The new statute would affect low voltage electric fence installations and limits municipalities from imposing requirements on low voltage alarm system projects that exceed those set forth in 553.793, Florida Statutes.
The statute modifies three sections of Florida’s Contractor Licensing Statute. First it expands the type of relief that can be awarded by local licensing boards and imposes requirements on their recommended penalties. It also increases the amount of funds the Homeowners’ Construction Industry Recovery Fund can award, starting January 2025. Finally, it adjusts the scope of electrical contractor specialty licensing as it relates to advertising signs.
The new statute modifies the definitions of work that can be performed by Class A and B HVAC contractors and Mechanical contractors in Florida to include additional electrical work. It also requires warranties on HVAC systems to be transferable and eliminates certain hurdles to transferability.
The new statute changes the requirements that an individual must meet to obtain a journeyman’s license for plumbing, pipefitting, mechanical or HVAC, electrical, and alarm systems trades, and makes reciprocity between counties a requirement.

Hammer + Gavel
Informing and Educating the Construction Industry

Jason Lambert is a Florida licensed attorney, Board Certified in Construction Law, who focuses his practice on representing and advising contractors, subcontractors, and material suppliers in the construction industry throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He also has experience in the wholesale and retail electrical, flooring, and countertop industries.