Prompt Payment Statutes to the Rescue

Payment issues can arise on many jobs. Everything goes smoothly at first, the work is done correctly and then suddenly, payment is delayed. A problem promised to be worked out quickly turns into weeks or months of delays, in some cases through no fault of the company trying to be paid. Disputes with other contractors, managers, project owners or lenders can cause delays, and while the parties try to work things out, the uninvolved and unpaid parties are left twisting in the wind.

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Contractor 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.

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New Florida Statute Brings Significant Changes to Architect and Interior Designer Licensing Requirements

On July 1, 2020, the Florida Occupational Freedom and Opportunity Act became law in Florida, changing licensing requirements for many professions. Two of the professions impacted most by these changes are architecture and interior design. The majority of the changes relate to deregulating interior design and separating interior design from architecture.

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New Florida Statute Makes it Easier for Engineers in Other States to be Licensed in Florida

Earlier this week, I posted about changes to Florida’s construction licensing scheme brought about by the new Florida Occupational Freedom and Opportunity Act. In addition to impacting building and trade contractors throughout Florida, the act has also altered the reciprocity requirements for engineering licensing, making it easier for engineers in other states to become licensed in Florida.

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Florida 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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Courts Hold that Disaster Recovery Contractor's Assignment of Benefits is not Unconstitutional

Many construction companies, especially those involved in disaster recovery or mitigation use assignments of benefits (AOB) to ensure payment by the homeowner’s insurance company. While there are many court decisions interpreting AOBs, and a new AOB statute to evaluate, two recent court decisions recognize that AOBs do not violate certain provisions of the Florida Constitution.

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Court Affirms Ruling That Neighbor Did Not Have Claims Against Fence Contractor

Fence contractors literally walk the line as part of their jobs. Sometimes the property owners on either side of that line are happy that the fence contractor is there. But where only one homeowner hires a fence contractor, what happens when that homeowners neighbor seeks to hold the fence contractor liable for damage to the neighbor’s property?

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Court Rules Tile Subcontractor Cannot Litigate Dispute Over Puerto Rican Pool Tile in Florida

With improvements in technology and material transport, it is becoming more and more common for contractors in Florida to work on projects outside of the state and outside of the country. This is particularly true of contractors in specialty trades that possess skills and expertise that may not always be available in other areas. But if problems arise, working outside of Florida may also mean that you have to resolve any disputes where the work was performed.

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Court Confirms Where to Send Construction Liens for Valid Service

Under Florida’s construction lien law, a claim of lien must be served on the property owner either before recording or within 15 days of recording. Failure to do so makes the claim of lien voidable to the extent the failure to serve or any delays in service prejudice the property owner. To make this process more nerve-wracking, Florida’s construction lien law also specifies the ways to properly serve a lien and where it can be sent. And a recent court decision confirms whether service is valid when the homeowner refuses to pick up the lien.

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Electrician Loses Lien For Failing to Comply with Chapter 713, Florida Statutes

Florida’s Construction Lien laws are a complex web of requirements to establish and maintain a lien on property to secure payment for work you’ve done. Successfully check all the boxes, and you have a powerful tool to ensure you are paid. But make a misstep early in the process—or fail to keep up with the requirements—and your lien can vanish! Recently, an electrician lost its lien for failing to follow through on the lien law requirements through the end.

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New Florida Statute Makes it Easier for Engineers in Other States to be Licensed in Florida

Earlier this week, I posted about changes to Florida’s construction licensing scheme brought about by the new Florida Occupational Freedom and Opportunity Act. In addition to impacting building and trade contractors throughout Florida, the act has also altered the reciprocity requirements for engineering licensing, making it easier for engineers in other states to become licensed in Florida.

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Florida Enacts Changes to Contractor Licensing Requirements

On July 1, 2020, the Occupational Freedom and Opportunity Act became law in the state of the Florida. The Act modifies many existing licensing requirements within the state, across a broad range of professions, from architects to veterinarians. The purpose for the act was to “remove unneccessary barriers for individuals pursuing their professional aspirations.” The biggest practical impact on Florida’s contractors will be new reciprocity provisions within the statute and reduce continuing education requirements for electrical contractors.

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Hillsborough, Pinellas, and Pasco Impose County-Wide Mask-Wearing Requirements

Over the last 24 hours, Hillsborough County, Pinellas County, and Pasco County have all passed emergency orders requiring masks to be worn when indoors in businesses. Links to actual copies of the orders are below, but what follows is a short breakdown of the highlights from each order. Please feel free to reach out if you have any questions:

Copies of Orders

Click Here for the Hillsborough County Order

Click Here for the Pinellas County Order

Click Here for the Pasco County Order

Hillsborough County Order Requirements

All business operators of an indoor location of a business that is open to the public in Hillsborough County shall require all persons within the location to wear a face covering when not maintaining social distancing from other person(s), excluding family members or others residing in their home and subject to the exceptions listed below.

Business operators are required to ensure compliance and to deny entry to people who fail to comply with the order and to remove people who fail to comply with the order. Only business operators—not individuals—can be charged with a violation of the order. Businesses are also strongly encouraged, though not required, to develop and implement a health and safety plan in line with CDC guidelines and to conspicuously post the plan where persons within the business can see its requirements.

A business is defined in the order as any commercial or for-profit entity that provides goods or services directly to the public. It does not include religious organizations, private clubs, nonprofit organizations, or public schools. Business operators are individuals that control the operation of an indoor location of a business, regardless of formal title or role.

Exceptions:

  • People under 2 years old

  • People observing social distancing guidelines

  • People for whom a face covering would cause impairment due to an existing health condition

  • Persons working in a business or profession who do not have interactions with other persons

  • Persons working in a business or profession who maintain social distancing from another person

  • Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or professions

  • Persons exercising, while maintaining social distancing

  • Persons eating or drinking

  • Public safety, fire, and other life safety and health care personnel, provided they are complying with the personal protective equipment guidelines of their respective agencies

  • Someone hearing-impaired who needs to see the mouth of a person wearing a face covering in order to communicate

  • Face coverings are not required if it would conflict with the Americans with Disabilities Act

The Hillsborough County Order goes into effect at 5:00pm on June 24, 2020. Failure to comply with it is a second degree misdemeanor, subject to fines and imprisonment.

Pinellas County Order Requirements

All persons must wear a face covering while in any Indoor Public Place within Pinellas County. All persons who own, manage, or are employed by any Restaurant or Bar within Pinellas County must wear a face covering at all times while on-duty and directly or indirectly preparing food or beverage, serving food or beverage, or having customer contract, regardless of where the food is prepared or if it is served indoors or outdoors. The owner, operator, manager, and employees or a bar, restaurant, or indoor public place must ensure that every individual in their establishment complies with this ordinance. Employers cannot prohibit employees from wearing face coverings, but may provide specific face coverings if they are at least as protective as the employee supplied face covering.

Exceptions:

  • Any person under 2 years old

  • Anyone dining or consuming beverages while seated at a table or bar in a bar or restaurant as long as they are social distancing

  • Persons strictly adhering to and maintaining social distancing

  • Government entities such as schools, courthouses, city halls, fire stations, state offices, etc….

  • Hospitals and health care facilities

  • Persons exercising while maintaining social distancing

  • Public safety, fire, and other life safety and health care personnel, provided they are complying with the personal protective equipment guidelines of their respective agencies

  • Business owners, managers, and employees who are in an area of a business establishment that is not open to customers, patrons, or the public, provided 6 feet is between all employees. This does not apply to employees present in a kitchen or other food and beverage preparation area of a restaurant or food establishment.

  • Patrons or customers in any indoor public place that have no contact with an employee of the business except as protected by a solid barrier that substantially prohibits incidental infection, provided that 6 feet of distance exists between people not at all times protected by the barrier.

  • Where a hearing-impaired person requires someone to remove their mask to communicate

  • Persons who have trouble breathing or while a person is unconscious, incapacitated, or otherwise unable to remove the face covering without assistance

  • The requirements do not apply if it would be detrimental to health, safety, or security

  • These requirements may not be applied in a manner that would conflict with the American’s with Disabilities Act

  • These requirements do not apply within a workplace area not otherwise open to the public while a person is complying with engineering, administrative, and work practice controls developed in accordance with OSHA guidelines

Failure to comply with the order can result in a non-criminal citation of $100 for the first violation, $250 for the second, and $500 for the third. Repeat violations may also result in a misdemeanor arrest. Owners, operators, managers, and employees, can avoid liability for customers if they ask the customer to leave the premises for failing to comply.

An indoor public place is any location to which the public has or may obtain legally permissible access, whether publicly or privately owned, that is under a roof or is enclosed by two or more walls, doors, or other means of waterproof material, including fabric such as that used for a tent.

An operator means any individual or entity that owns a business or that controls the operation of a business location, regardless of formal title or role.

This order is effective June 23, 2020.

Pasco County Order Requirements

All persons within any indoor location of a business or government operation that is open to the public in Pasco County shall be required to wear a face covering when not maintaining social distancing from other person(s), excluding family members or others residing in their home. All business shall be required to ensure compliance with and enforce the provisions of the order. This includes denying entry to people who fail to comply with the order’s requirements and removing individuals who fail to comply with the order’s requirements.

Exceptions:

  • Persons under 2 years old

  • Persons observing social distancing guidelines in accordance with the CDC

  • Persons for whom a face covering would cause impairment due to an existing health condition

  • Persons working in a business or profession who do not have interactions with other persons

  • Persons working in a business or profession who maintain social distancing from another person

  • Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or profession

  • Persons exercising, while maintaining social distancing

  • Persons engaging in indoor sporting activities so long as the facility has its own health and safety plan consistent with this order

  • Persons eating or drinking

  • Public safety, fire, and other life safety and health care personnel, provided they are complying with the personal protective equipment guidelines of their respective agencies

  • Someone who is hearing impaired who needs to see the mouth of someone to communicate

  • This order shall not apply in any manner that conflicts with the Americans with Disabilities Act

Failure to comply with the order can result in a $250.00 fine. The order is effective June 23, 2020, except that the penalty provisions shall not be effective until 5:00pm on June 25, 2020.

Recent Trial Court Decision Confirms Narrow Application of Florida's Private Undisputed Payment Statute

Earlier this year in Bartlett Fiber Inc. v. Optical Telecommunications, Inc, a trial court in Miami-Dade County granted summary judgment in favor of an integrated low-voltage contractor based on a Florida statute requiring certain undisputed amounts to be paid to subcontractors once paid for. The decision confirms the narrow application of section 713.346, Florida Statutes.

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