All Posts

Recently Signed HB 837 ("Tort Reform Bill") Has Impacts on the Construction Industry

March 24, 2023 Jason Lambert

While the focus of news coverage has been on personal injury claims, the new law, effective today, impacts attorneys’ fee awards in actions involving payment and performance bonds for construction projects and statutes of limitation for negligence claims.

Recent Appellate Decision Reverses Trial Court to Award Attorneys' Fees to Subcontractor on $290,000.00 Claim

January 4, 2021 Jason Lambert

A case decided last week by Florida’s Second District Court of Appeal illustrates that attorneys’ fees are not guaranteed to any party in construction litigation and that payments by insurance carriers can be taken into account in making a determination as to who is entitled to an award of attorneys’ fees. Given how quickly attorneys’ fees can add up, this is a significant issue contractors should be aware of.

Jason Lambert is a Florida licensed attorney 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.

Most Recent Posts

Featured

New 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.

Court 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.

Trio 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.