Under a proposed statute, Florida’s legislature would remove local licensing requirements by 2023 and prohibit local licensing requirements for things like painting, flooring, cabinetry, and more.
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 moreCourt Dismisses Restoration Company's Lawsuit based on Florida's New Assignment of Benefits Statute
Recently, a restoration contractor in Broward County, Florida had its lawsuit dismissed for failure to include an itemized statement, required to be attached to its assignment of benefits under Florida’s new assignment of benefits statute found in 627.7152, Florida Statutes.
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 moreHow to Keep Text Messages from Changing Your Contract Terms
A project manager’s cell phone chirps as she is on a busy jobsite. She glances down and sees that it’s the electrical subcontractor on the project asking a question about running wire in a different location to accommodate another trade’s work. She looks at the plans and texts back that the change is fine and to proceed. The electrician moves forward with the work. The following month, the electrician submits a change order for some additional time and materials required by running the wire in a different location, claiming the change was approved by the project manager. Was it?
Read moreHow (and when) Florida's New $15.00/hr Minimum Wage Amendment Will Affect Your Business
On November 3, 2020, Floridians just barely approved (by .8%) an amendment to Florida’s constitution requiring the minimum wage to ultimately be raised to $15.00/hr. While the new minimum wage is phased in over time, it affects every business with employees in Florida.
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 moreCourt Confirms That Disaster Recovery Contractor is Required to Litigate Case in County Six Hours Away
A recent decision by Florida’s First District Court of Appeal reaffirms that contractors can be made to litigate disputes in the county where the work was being performed, even if they do not generally have representatives in that county or have a principle location somewhere else.
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 moreCourt Rejects Subcontractors Claims Related to Leaking Windows; Affirms Payment to Window Supplier in Full
A Miami-Dade appellate court recently rejected a subcontractor’s attempts to back-charge a window contractor for damaged windows after the window contractor presented sufficient evidence that the windows were in good condition when they left the fabrication shop.
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 moreElectrical Contractor Fined for Performing Business Under a Different Name
An electrician who attempted to help another company get started in Florida was disciplined by the Florida Electrical Contractor Licensing Board for serving as an electrician in a name other than the one for which he was licensed
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 moreDBPR Opinion Defines Line Between Pool Contractors and Electrical Contractors
A 40 year pool contractor was disciplined for disconnecting, replacing, and reconnecting pool lights, after the DBPR determined that a portion of the work should have been performed by a licensed electrical contractor.
Read morePrompt 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.
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 moreDBPR Determines Electrical Contractor's Intent In Hiring Subcontractor Irrelevant in Fining Contractor
An electrical contractor was fined by the DBPR for hiring an unlicensed individual as a subcontractor, despite not knowing that the person did not have an electrical contractor’s license.
Read moreElectrical Contractor Stopped from Qualifying Additional Business After Failing to Demonstrate Ability to Adequately Supervise Operations
An electrical contractor’s attempt to qualify a third business was recently derailed due to a prior criminal conviction, a project gone wrong, and multiple outstanding judgments.
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.
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