Contractor 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.

In late 2012, a certified general contractor entered into a contract with a homeowner to perform certain renovations at her home. The total contract was $175,000.00. The contractor pulled a permit to install new windows at the home. Despite this, the contractor performed additional construction inside the home without obtaining applicable permits or inspections.

Further, the contract between the general contractor and homeowner failed to contain a statement notifying the homeowner of her rights under Florida’s Homeowner’s Construction Recovery Fund and the general contractor’s license number did not appear anywhere on the contract.

The failure to pull permits and obtain relevant inspections, the failure to notify the homeowner of the Construction Recovery Fund, and the failure to include the license number on the contract violated the following provisions of Chapter 489, Florida Statutes:

Section 489.129(1)(o), Florida Statutes, which prohibits contractors from

Proceeding on any job without obtaining applicable local building department permits and inspections.

Section 489.129(1)(i), Florida Statutes which prohibits contractors from

Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board.

This second section of Chapter 489, Florida Statutes, was violated when the contractor failed to include the Florida Homeowners’ Construction Recovery Fund disclosure in his contract, as required by section 489.1425, Florida Statutes. The contractor also violated section 489.119(5)(b), Florida Statutes, when he failed to include his registration or certification number on the contract with the homeowner.

Based on these violations, the Construction Industry Licensing Board imposed a fine of $7,000.00, plus $487.00 in costs. Further the contractor was also required to attend an additional seven hours of CEU.

You can click here to view the full order from the DBPR.