New Statute Would Add Definitions to Contractor Licensing Statute and Require Contractors to Pay Subcontractors within Certain Timelines.
SB 280 (2026), if signed by the Governor, would add definitions for subcontractor and supplier to Chapter 489 and make it a violation of Florida’s Contractor Licensing Statutes for contractors not to pay subcontractors timely.
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
11th Circuit Affirms OSHA Citations Against Roofing Subcontractor for Actions of Sub-Subcontractors
This case arises from a roofing subcontractors appeal of two OSHA citations issued to it as a “controlling employee” of two sub-subcontractors.
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
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.
Court Reverses $86,000.00 Restitution Award Against Unlicensed Contractor
This case arises from a restitution order requiring an unlicensed contractor to pay a homeowner $86,000.00. The case explores the type of evidence required to support a restitution award.
Court Upholds Construction Lien Foreclosure Sale Despite Sale Price and Claimed Lack of Notice
This case arises after a successful construction lien foreclosure by a general contractor. After the sale, the property owner attempted to have the sale overturned, claiming the sale price was too low and that it had not received adequate notice of the sale.
Court Reinstates Contractor’s Construction Lien Following Improper Discharge by Trial Court
This case arises from a dispute between a homeowner and contractor and addresses how Florida’s lien discharge statute found in 713.21, Florida Statutes, applies when a contractor files suit to foreclose a lien and a homeowner responds with a claim under 713.21, Florida Statutes.
Court Allows Contractor’s Unjust Enrichment Claim to Proceed After Expiration of Lien
This case arises from a dispute between a restoration contractor and a condominium association. After the contractor’s construction lien expired, it filed suit to recover payment. The association challenged the payment claim, arguing that expiration of the lien also extinguished the payment claim and won. On appeal, the contractor sought reversal based on a specific provision of Florida’s construction lien law.
553.791, Florida Statutes, Revised by Recent Bill to Include Single-Trade Permit Applications, Plans Review, and Inspections
HB 683 (2025) was signed recently by Governor DeSantis and became effective July 1, 2025. While the bill modified multiple statutes affecting the construction industry, there are extensive modifications to Florida’s alternative plans review, or private provider, statute found in 553.791, Florida Statutes.
New Statute Prohibits Local Governments From Requiring Copies of Contracts to Receive a Building Permit
HB 683 (2025) was signed recently by Governor DeSantis and became effective July 1, 2025. While the bill modified multiple statutes affecting the construction industry, the modifications to 553.79, Florida Statutes, prohibit local governments from obtaining copies of contracts as part of the permitting process.
553.73, Florida Statutes, Now Exempts Certain Construction on Spaceports from the Florida Building Code
553.73, Florida Statutes, authorizes the adoption and governance of Florida’s Building Code, and includes a section setting forth various types of construction that are exempt from the Florida Building Code. Effective July 1, 2025, as part of HB 683 (2025), now certain types of construction relating to spaceports are exempt from the Florida Building Code
Newly Enacted HB 551 (2025) Modifies Three Statutes to Simplify and Shorten Fire Sprinkler and Fire Alarm PErmitting
On July 1, 2025, HB 551 (2025) became law in Florida and made changes to 553.7932 and two sections of Chapter 633, Florida Statutes, both of which deal with fire sprinkler and fire alarm systems. The changes to 553.7932 generally are aimed at shortening and simplifying permitting application times for fire alarm system projects with 20 or fewer devices. The Changes to Chapter 633, Florida Statutes, provides additional requirements for uniform summary inspection reports.
Jason Lambert - Contributor
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. Jason is the chief contributor to Hammer & Gavel’s articles and content.
Court Reverses Judgment Against Remodeling Contractor Over Homeowner’s Failure to Present Correct Measure of Damages
This case arises from dispute between a homeowner and a contractor regarding a home remodel. After the homeowner terminated the contractor from the project, litigation ensued. While the homeowner initially recovered just under $500,000.00 at trial, this was reversed on appeal due to issues with the timing of the damages calculations.
Florida Thermal Efficiency Code Revised to Apply Less Stringently to Natural-Disaster-Damaged Buildings
Florida’s Thermal Efficiency Code is found in 553.900 - 553.912, Florida Statutes, and is intended to promote energy efficiency in thermal design and operation of all buildings statewide. As part of SB 180 (2025), the definition of a “renovated building” was modified to create a higher threshold of the cost of the renovation before compliance with Florida’s Thermal Efficiency Code applies to buildings damaged by natural disasters.
Newly Created 489.1132, Florida Statutes, Creates New Regulations for Cranes and similar Equipment During Hurricanes
In response to recent natural disasters impacting Florida, on June 30, 2025, Governor DeSantis signed SB 180 into law. While the bill alters multiple statutes, relevant to this blog, it creates 489.1132, Florida Statutes, entitled “Regulation of hoisting equipment used in construction, demolition, or excavation work during a hurricane.”
Court Reverses Determination that Contractor’s Assignment of Benefits Agreement is Invalid Under 627.7152, florida Statutes
This case arises from a trial court’s determination that an assignment of benefits agreement between a contractor and homeowner regarding water damage mitigation was invalid. While many similar court decisions apply paragraph 2 of Florida’s Assignment of Benefits Statute to invalidate these types of agreements, this one applies a different paragraph of the same statute and reaches a different result.
Court Determines Contractor’s Company is Unlicensed Despite Owner being Licensed
This case from Florida’s Fifth District Court of Appeal thoroughly evaluates the licensing requirements for business engaged in contracting in Florida and concludes that it is not sufficient for an owner of the company to have a license. The license holder must also formally become the qualifying agent for the company. In this case, the lack of proper licensure resulted in the contractor’s contract for a new home being declared unenforceable.
Court Affirms Judgment in Favor of Contractor Over Owner’s Failure to Present Evidence of Damages at the Time of the Breach of Warranty and Violation of Florida Building Code
This case from Florida’s Third DCA arises from a lawsuit between a condominium and its builder over various claimed defects in the construction. The court’s decision ultimately turned on the sufficiency of the evidence related to damages presented at trial and the jury instructions used in the case.