Court Reduces $779,318.66 Verdict Entered Against Stucco Subcontractor to $55,652.00
Home Page, Court Decision - 2026, 1 Jacob Phelps Home Page, Court Decision - 2026, 1 Jacob Phelps

Court Reduces $779,318.66 Verdict Entered Against Stucco Subcontractor to $55,652.00

This case arises from a construction defect lawsuit and the general contractor’s indemnification claim against the stucco subcontractor. After trial the jury awarded the general contractor only a portion of the damages. When the trial court ultimately awarded a higher damages amount, the stucco subcontractor appealed.

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Contractor’s Lien Against Condominium Association Partially Discharged for Failure to Foreclose Against Unit Owner That Filed Suit to Discharge Lien
Home Page, Court Decision - 2026, 2 Lauren Ayers Home Page, Court Decision - 2026, 2 Lauren Ayers

Contractor’s Lien Against Condominium Association Partially Discharged for Failure to Foreclose Against Unit Owner That Filed Suit to Discharge Lien

This case arises from a construction lien recorded by a disaster mitigation contractor against condominium association property. When two unit owners filed a lawsuit to discharge the lien as to their property, the contractor failed to take action as required under 713.21, Florida Statutes, to foreclose the lien, resulting in a partial discharge of the lien.

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New Statute Alters Change of Occupancy Rules With Regard to Fire Protection and Suppression for Single and Two-Family Dwellings
Home Page, Chapter 553, New Statute - 2026 Jason Lambert Home Page, Chapter 553, New Statute - 2026 Jason Lambert

New Statute Alters Change of Occupancy Rules With Regard to Fire Protection and Suppression for Single and Two-Family Dwellings

SB 1452 (2026), creates a new subsection to the enforcement portions of Florida’s Building Code Act, and alters the laws applicable to changes of occupancy and fire protection requirements for certain single and two-family residences.

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Court Finds Enforceable Settlement Agreement Between Subcontractor and Homeowner Despite Lack of Signature
Home Page, Court Decision - 2026 Jason Lambert Home Page, Court Decision - 2026 Jason Lambert

Court Finds Enforceable Settlement Agreement Between Subcontractor and Homeowner Despite Lack of Signature

This case arises from a dispute between a concrete subcontractor and a homeowner. After the parties negotiated a resolution by phone and email, the homeowners partially paid but failed to execute the settlement and release agreement. The subcontractor sued to enforce the unsigned agreement and to foreclose its construction lien.

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Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes
Home Page, Court Decision - 2026 Jason Lambert Home Page, Court Decision - 2026 Jason Lambert

Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes

This case arises from a third-party debt buyer’s attempt to enforce a mitigation contractor’s assignment of benefits against an insurance carrier. The court’s decision focuses on the enforceability of the contract between the third-party and the contractor, rather than the original assignment of benefits.

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Court Reverses Construction Lien Foreclosure over Procedural Concerns and Factual Issues Regarding Substantial Completion
Home Page, Court Decision - 2026 Jason Lambert Home Page, Court Decision - 2026 Jason Lambert

Court Reverses Construction Lien Foreclosure over Procedural Concerns and Factual Issues Regarding Substantial Completion

This cases arises from a dispute over defectively installed HVAC units. After the trial court entered judgment in favor of the HVAC contractor without notice, the property owners appealed. The appellate court reversed the judgment finding that procedural issues and issues regarding whether the work was substantially complete precluded judgment

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Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes
Home Page, Court Decision - 2026 Jason Lambert Home Page, Court Decision - 2026 Jason Lambert

Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes

This cases arises from a dismissal of a water mitigation contractor’s lawsuit against an insurance carrier. The carrier argued that the mitigation contractor’s assignment of benefits did not comply with 627.7152, Florida Statutes, and while the trial court agreed with that argument, the ruling was reversed on appeal

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Court Holds That Roofing Contractor Still Had Standing to Enforce Contract after Hiring Collection Agency to Recover Unpaid Balance
Home Page, Court Decision - 2025 Jason Lambert Home Page, Court Decision - 2025 Jason Lambert

Court Holds That Roofing Contractor Still Had Standing to Enforce Contract after Hiring Collection Agency to Recover Unpaid Balance

This case arises from a payment dispute between a roofing contractor and a homeowner. The roofing contractor hired a collection company to collect the unpaid contract balance and the homeowner argued in litigation that this only allowed the collection company, not the roofer, to sue the homeowner to recover the balance due.

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