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 moreContractor's Lawsuit Dismissed for Failing to Provide Contractor's Payment Affidavit Prior to Filing Suit
The contract between the parties required that the contractor provide the final payment affidavit described in 713.06, Florida Statutes, before final payment was due. This case illustrates the importance of complying with contractual requirements pre-suit, and the consequences they can have, including increased litigation costs.
Read moreCourt Refuses to Enforce Lien Where It Was Not Clear That Person Entering Into Contract was Agent of Property Owner
The contract at issue was entered into between the son of the property owner and a contractor, and the court ultimately refused to enforce a lien against the property owner due to conflicting evidence about whether the son was actually acting as an agent of the property owner for the purposes of the contract.
Read moreTwo 4th Circuit Orders Grant Summary Judgment Finding that General Contractors Have Non-Delegable Duty to Ensure Construction Complies with Florida Building Code
The orders found that, as a matter of law, the two general contractors in those cases had a duty to supervise, direct, manage, and control the work to ensure compliance with the Florida Building Code, and that such duty could not be delegated to subcontractors or other parties working on the project. The impact of the decisions appears to limit the relevant general contractors’ ability to require liability to be apportioned between various subcontractors.
Read moreNew Court Decision Clarifies That Preferred Contractors Named in Insurance Policies Can Hire Subcontractors Where Required by Licensing Laws
A recent Fourth District Court of Appeal decision clarifies that a specific contractor named to perform repairs in an insurance policy also includes necessary subcontractors, at least where the contractor’s license requires them to subcontract a portion of their work. The case provides clear interpretation of Chapter 489, Florida Statutes, and clarifies that contractors should be allowed to hire required subcontractors even where the contract does not expressly allow it.
Read moreCourt Holds that General Contractor Cannot Delegate Duty to Ensure Compliance with Building Code to Subcontractors
Florida’s 18th Judicial Circuit Court recently granted a motion for summary judgment in favor of a homeowner’s association, concluding that a general contractor who constructed 314 town homes was liable for the building code violations of its subcontractors on the project and could not delegate responsibility directly to them.
Read moreRecent Court Decision Confirms Measure of Damages in Construction Cases and Awards Homeowner $40,850 Over Failure to Pull Proper Permits
Last week Florida’s Fourth District Court of Appeal issued an opinion the described and confirmed the ways breach of contract damages can be calculated in construction disputes and allowed termination of a contract for failure to pull proper permits. This case serves as a good reminder to do things the right way and has some great discussion of the type of information contractors should expect to provide in court over a payment dispute.
Read moreCourt Finds That Purchaser of Home Cannot Sue Contractor Who Made Improvements for Seller
Recently, the 11th Circuit Court in Miami-Dade County dismissed a claim filed by the purchaser of a home for negligent construction against a contractor who performed work for the seller. The basis for the decision was the lack of any damages to anything other than the house, meaning there were no personal injuries or damages to other property. Though only a trial court order, the case discusses several recent appellate decisions and provides a good window into how trial courts are applying new cases in a trial setting.
Read moreCourt Rules That Changes Made at Site Meeting Could Result in New Contract Between Landscaper, Contract, and Property Owner.
A recent court decision confirms that despite contract clauses precluding unwritten changes, a site visit between a contractor, property owner, and subcontractor could have resulted in a new, second contract between the parties, entitling the subcontractor to payment for additional work. This is a great case that highlights the impact a common site meeting can have on the payment rights of everyone involved.
Read moreGeneral Contractor May Be Held Liable for Job Site Injury to Subcontractor's Employee
Yesterday, the Second District Court of Appeal reversed judgment in favor of a general contractor, finding that the general contractor was liable for an electrical subcontractors injuries suffered when he fell into an open drain on a second floor stair landing. The case illustrates the importance of job site safety and the specific items a general contractor must take into account when keeping a job site safe.
Read moreResidential Contractor Ordered to Pay $56,731.00 in Restitution for Failing to Timely Pull Permits
A residential contractor was ordered to pay a $5,000.00 fine and $56,731.00 for failing to pull a permit within 30 days as required by Florida statute. While there were other factors involved, the only offense charged by the DBPR was failure to timely pull a permit, showing how quickly and badly things can spiral once licensing issues arise.
Read moreMiami Court Decides that Contractor Forfeits Lien for Failing to Include State and Local Contract Disclosures
Recently a Miami-Dade court entered judgment in favor of a property owner and dismissed a general contractor’s lien claim because the general contractor failed to include disclosures required under Florida state law and Miami-Dade county codes. The case is a reminder to periodically check your contracts to make sure they are compliant with the laws where you do business!
Read moreCourt Affirms Ruling That Homeowner's Statements to BBB, HomeAdvisor, and DBPR About Contractor Were Defamation
A general contractor recently obtained a favorable ruling on a counterclaim against a homeowner for false statements made to the Better Business Bureau, HomeAdvisor, and the Florida Department of Business and Professional Regulation. The details of the case give a great example of how contractors can combat false, bad reviews.
Read moreAn Update on Construction License Reciprocity in Florida
In July of this year, Florida enacted the Occupational Freedom and Opportunity Act, which included language requiring many of Florida’s professions, including contractors, to stake steps towards advancing reciprocity with other states. Recently, the Construction Industry Licensing Board published a short statement regarding states and licenses that currently meet Florida’s requirements for reciprocity.
Read moreContractors Are Heavily Regulated, Licensed Professionals -- So Act Like It!
When comparing Florida contractors to other professions in the state, only medical professionals are more heavily regulated. General contractors are more regulated than most professions, from architects to veterinarians, and the industry should recognize this and adapt.
Read moreIndividual's Project Inspection and Supervision Tasks Not Sufficient Experience for Contractor License
An engineering inspector and foreman had his application for a Florida certified building contractors license denied once the Construction Industry Licensing Board determined his significant experience with highway construction projects was not sufficient for the license sought.
Read moreGeneral Contractor Fined; Has License Suspended for Being on Contract with and Pulling Permit for Unlicensed Individual
A certified general contractor’s license was suspended for 6 months, and he was fined and ordered to pay restitution to a homeowner, after putting together a joint contract with an unlicensed individual to construct a screen enclosure at a homeowner’s residence.
Read moreContractor Fined for Performing Work Without Permit, Failing to Have Certain Information in Construction Contract
After a two year process, a general contractor was fined and ordered to attend additional CEU for failing to pull permits covering all work performed during a remodel and for failing to have all required information in his contract.
Read moreContractor Fined $8,500.00 and Put on Probation for Assisting Unlicensed Contracting Despite No Damage to Homeowner
In one of the more recent decisions released by Florida’s Construction Industry Licensing Board, a general contract had his license put on probation for 2 years and was fined $8,500.00 for pulling a permit for an unlicensed contractor, despite the fact that the homeowner involved was not damaged by the unlicensed work.
Read moreFlorida Enacts Changes to Contractor Licensing Requirements
On July 1, 2020, Governor Desantis signed the Occupational Freedom and Opportunity Act. The Act modifies many existing licensing requirements within the state, across a broad range of professions, from architects to veterinarians. The purpose of the act was to “remove unnecessary barriers for individuals pursuing their professional aspirations.” The biggest practical impact on Florida’s contractors will be new reciprocity provisions within the statute and a reduction in certain continuing education requirements.
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