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Court Enforces Personal Guaranty in Favor of Rental Company, Despite Company Name Changes

March 3, 2023 Jason Lambert

The decision resulted in a $42,816.68 judgment against the individual owner of the company, who had signed a personal guaranty with the rental equipment company years before when he started his company.

Court Imposes $71,444 Judgment on Fence Company For Failure to Timely Complete Project

November 19, 2021 Jason Lambert

A case decided yesterday by Florida’s First District Court of Appeal imposed a $71,444 judgment on a fence company for failing to complete a project under the terms of the original contract and then the terms of an agreed understanding between the parties on the completion date.

Court Reverses $28,190.00 Judgement Against Flooring Company Owner Over Improper Corporate Veil Piercing

November 18, 2021 Jason Lambert

Yesterday a Florida court reversed a judgment entered against the owner of a flooring company individually because even though he had commingled personal and business funds, he had not engaged in conduct that warranted setting aside the company and imposing liability on him personally.

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.

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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.