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.
Read moreCourt Affirms Entry of Default Against Subcontractor But Reverses Grant of Summary Judgment Due to Issues as to Damages
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.
Read moreCourt Affirms Denial of Request to Assert Failure to Provide Contractor's Payment Affidavit as a Defense
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.
Read moreCourt Holds Contractor Entitled to Credit Against $1.9 Million Judgment for Settlement Payment Made by Surety
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.
Read moreCourt Affirms Final Judgment, Tacitly Finding AIA Form Affidavit Satisfies Requirements Under 713.06, Florida Statutes
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.
Read moreNew Law is Just the Latest Set of New Requirements for Roofing Contracts in Florida
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.
Read moreCourt Refuses to Discharge Lien Where Subcontractor Failed to Serve Notice to Owner
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.
Read moreTrio of Appellate Decisions Confirm Insurers Duty to Defend Home Builder Against Defective Work Claims
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.
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