Recent Appellate Decision Reverses Trial Court to Award Attorneys' Fees to Subcontractor on $290,000.00 Claim

A case decided last week by Florida’s Second District Court of Appeal illustrates that attorneys’ fees are not guaranteed to any party in construction litigation and that payments by insurance carriers can be taken into account in making a determination as to who is entitled to an award of attorneys’ fees. Given how quickly attorneys’ fees can add up, this is a significant issue contractors should be aware of.

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Residential 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.

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Court 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.

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Miami 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!

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Court 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.

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How 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?

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An 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.

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