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.
Read moreCourt Affirms Extinguishment of $1.8 Million Construction Lien Over Failure to Timely Add Surety to Lawsuit
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.
Read moreProposed Statute With Numerous Changes to Florida's Building Codes Act Headed to Governor for Signature
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.
Read moreCourt Finds Construction Company President Potentially Liable for Injuries to Worker Who Fell Off Roof
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.
Read moreNew Statute Would Update Regulations on Low Voltage Electric Fences and Low Voltage Alarm System Projects
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.
Read moreStatute Going to Governor That Affects Local Licensing Boards, Increases Homeowners' Recovery Fund Limits, and Adjust Electrical Contractor Specialty Licensing
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.
Read moreNew Statute Allowing HVAC Contractors to Perform Additional Electrical Work and Expanding Warranty Requirements to be Presented to Governor
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.
Read moreStatute Changing Local Journeyman Licensing Eligibility Rules Will Be Sent to Governor for Signature
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.
Read moreStatute Allowing Cancellation of Roofing Contracts Within 10 Days of Signing to be Presented to Governor for Signature
The proposed statute modifies 489.147, Florida Statutes, which was enacted in 2021 and governs certain prohibited practices for roofing and other contractors operating on insurance-funded projects or in emergency areas. If the statute becomes law, homeowners would be able to cancel contracts without penalty within 10 days of signing under certain circumstances.
Read moreStatute Extending Local Licensing Deadlines and Requiring CILB to Issue Certain Registered Licenses is Being Sent to Governor for Signature
The statute moves the expiration of local licensing from July 1, 2024 to July 1, 2025, and requires the Florida Construction Industry Licensing Board to issue registered licenses to contractors that had certain local licenses from 2021 through 2023 in areas where those local licenses have been phased out.
Read moreStatute Requiring Warranties for Newly Constructed Homes to be Sent to Governor for Signature
The statute, if enacted, would require a builder of a newly constructed single family residence, duplex, triplex, quadruplex, or manufactured home to provide a one year warranty on all equipment, materials, or workmanship where a defect in those items results in a material violation of the Florida Building Code.
Read moreTwo Proposed Statutes Overhaul Scopes of Work Allowed for Commercial and Residential Pool/Spa Contractors and Pool/Spa Servicers
The proposed bills would more specifically define the work allowed to be done by commercial pool/spa contractors, more specifically define the limits imposed on residential pool/spa contractors, and also more clearly define the scope of work that servicers can perform.
Read moreProposed Statute Would Require Escrow Accounts for Certain Residential Projects and Certain Contractors
If enacted, contractors licensed for less than five years, or contracting in emergency areas within 18 months following the emergency, or that had been disciplined within the last five years would be required to escrow any deposit of $10,000.00 or higher. Failure to do so would be a violation of Chapter 489, Florida Statutes, and be a felony.
Read moreProposed Statute Would Allow Homeowners to Cancel Roofing Contracts Within 10 Days of Signing
The proposed statute modifies 489.147, Florida Statutes, which was enacted in 2021 and governs certain prohibited practices for roofing and other contractors operating on insurance-funded projects or in emergency areas. If enacted, homeowners would be able to cancel contracts without penalty within 10 days of signing under certain circumstances.
Read moreProposed Statute Would Impose New Requirements on Local Contractor Boards and Increase Homeowners' Recovery Fund Limits
The proposed changes to Chapter 489, Florida Statutes, are part of a larger bill impacting many professions governed by the DBPR.
Read moreProposed Statute Would Require Boards Denying Certain Licensing Applications to Submit Denial to DBPR Secretary for Review
The proposed law would apply to denials of licensing applications submitted through reciprocity or endorsement programs where the denial is based on a finding that the requirements for licensure in the original state are not substantially equivalent to the requirements of Florida or are otherwise insufficient for licensure in this state.
Read moreCourt Reverses Dismissal of Two Claims by General Contractor Against Subcontractor Finding They Were Not Barred by Credit Agreement Between the Parties
Florida’s Fourth District Court of Appeal partially reversed a dismissal with prejudice of all of a general contractor’s claims against a subcontractor, finding that the credit agreement between the parties did not preclude claims for breach of an implied in fact contract or negligence. The case is an important reminder that not only do the terms of contracts matter, but so do when they are signed, who signs them, and how they are referred to in pleadings.
Read moreProposed Statute Would Require Florida's CILB to Issue Registered Licenses to Certain Phased Out Local Licenseholders
The statute is being proposed in response to a phase out of certain contractor licenses issued by cities and counties, and would require the Florida Construction Industry Licensing Board to issue registered licenses to contractors that had certain local licenses from 2021 through 2023 in areas where those local licenses have been phased out.
Read moreProposed Statute Would Require Lien Releases in Florida to Match Statutory Form
Florida Senate Bill 908, if enacted, would modify 713.20, Florida Statutes, and require final and partial lien waivers in Florida to match the statutory form set forth in Florida’s Construction Lien law and would make any other types of forms unenforceable.
Read moreCourt Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
The final order imposed fines and continuing education against the electrical contractor, and possibly could have been avoided if the contractor had properly responded to the administrative complaint or properly preserved his rights to a final hearing. The case is a cautionary tale to contractors facing licensing complaints to take them seriously and comply with deadlines and instructions relating to the complaint.
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