The fine and penalties from a complaint filed against a certified general contractor by Florida’s Department of Business and Professional Regulation for (1) performing and act which assisted a person or entity engaging in the prohibited uncertified and unregistered practice of contracting, and (2) obtaining a permit without having entered into a contract to perform the work specified in the permit.
Read moreProposed Statute Would Make It Easier for Out of State Contractors to Get Mold Assessor and Mold Remediation Licenses
The proposed statute would allow applicants who have had a mold assessor or mold remediator license for at least 10 years in another state to apply for the same type of license in Florida without taking an examination.
Read moreNew Court Decision in Favor of HVAC Contractor Illustrates Importance of Clear Scopes of Work and Contract Terms
The decision by Florida’s Fourth District Court of Appeal reversed a judgment in favor of a property manager, and rests on language excluding certain existing systems from the work to be performed.
Read moreRecent Court Order Discharges $253,584.00 Lien That Was Prepared by Third-Party Rather Than Employee or Attorney
The trial court order entered late last year discharged a $253,584.00 lien because it failed to meet several requirements of Florida’s Construction Lien law, including being prepared by either the lienor or its attorney. The case is a cautionary tale of the risks of using third-party services to prepare construction liens.
Read moreRecent Case Highlights the Risks to Rental Equipment Companies for Improper Use of Equipment By Renters
The decision arose from the misuse of a Bobcat skid-steer loader the resulted in the amputation of two toes of a worker on the jobsite and subsequent lawsuits against the contractors involved and the company that supplied the rental equipment. The case illustrates the application of the dangerous instrumentality doctrine to rental equipment companies and application of the joint adventurer exception to that doctrine where multiple people are using the equipment.
Read moreProposed Statute Would Require DBPR to Provide Uniform Notice of Commencement Form
The proposed revisions to 713.13, Florida Statute, would require the DBPR to provide a uniform notice of commencement and require an owner or the owner’s agent to use this form to comply with Florida’s notice of commencement requirements.
Read moreProposed Statute Would Exempt Certain Contractors on Public Projects Under $200,000.00 from Bond Requirements
The proposed statute would allow state and local agencies to exempt any contractor entering into a contract of more than $100,000.00 but less than $200,000.00 from obtaining a payment and performance bond if the contractor meets certain criteria.
Read moreProposed Statute Would Make Many Changes to Florida's Construction Lien Law - Chapter 713, Florida Statutes
Proposed House Bill 331 contains multiple changes to Chapter 713 Florida Statutes. The changes include new definitions, clarification of time period calculations, changes to notices of commencement and notices of termination, and changes to lien transfer bond calculations. A new section is also created, and another section is also repealed. If passed, this would be one of the most substantial changes to Florida’s lien law in some time.
Read moreProposed Statutes Would Alter Notice of Nonpayment and Notice of Contest of Nonpayment Requirements for Public Projects
Proposed House Bill 331 contains multiple changes to 255.05 Florida Statutes, and 337.18 Florida Statutes, both of which apply to public construction projects. Most of the changes relate to notices of non-payment, notices of contest, bonds, and attorneys’ fees.
Read moreProposed Statute Would Impose Tight Timelines and Strict Penalties for Home Improvement Work Performed By Anyone Not Licensed Under Chapter 489, Florida Statutes
A proposed statute would modify Florida’s home solicitation sales statute to establish firm deadlines for permitting, starting, and completing home improvements performed by anyone not licensed under Chapter 489, Florida Statutes. The proposed statute also establishes criminal penalties for failure to comply. Florida defines “home solicitation sales” very broadly, so any person involved in selling home improvements where the contract is signed outside of a normal office setting should pay attention to this statute.
Read moreProposed Statute Would Require Building Code Violations to be "Material" to Trigger Liability
While Florida law creates liability for a person who damages or injures another as a result of a violation of the Florida Building Code, a proposed statute would require building code violations to be “material” before liability could be imposed under the statute.
Read moreProposed Statute Would Change Statutes of Limitations and Repose for Construction Defect Claims
A proposed statute would start the running of the statute of limitations for construction defect claims earlier, shorten the statute of repose to 7 years, and require each unit in a multi-dwelling building to be treated as its own dwelling for statute of limitations and repose purposes.
Read moreProposed Statute Would Expand the Amount of Electrical Work That Can be Performed by Class A HVAC Contractors
Florida House Bill 89 would bring more HVAC-related electrical work within the permissible scope of work for a Class A HVAC Contractor in Florida, including replacing, disconnecting, or reconnecting breakers and fuses on the line side of the circuit.
Read more3 Changes Contractors Working in Florida Need to be Aware of for 2023
2023 is poised to be a year full of changes for contractors working in Florida, regardless of the type of work you are performing. There are important changes to laws affecting contracting and licensing that take effect in 2023 or complete implementation in 2023. Here are the three most critical changes contractors should be aware of and what they can do to prepare for them.
Read moreCourt Refuses to Enforce Non-Compete Agreement Against Contractor's Employee, Finding That Training Received Was Not a Legitimate Business Interest Deserving of Protection
While many contractors use non-compete agreements to try to keep employees from taking newly learned skills to a competitor, a new decision from Florida’s Fifth District Court of Appeal reveals that typical on-the-job training provided by a contractor, even in a specific trade, may not be a sufficient basis to enforce a non-compete agreement.
Read moreNew Court Decision Clarifies That Preferred Contractors Named in Insurance Policies Can Hire Subcontractors Where Required by Licensing Laws
A recent Fourth District Court of Appeal decision clarifies that a specific contractor named to perform repairs in an insurance policy also includes necessary subcontractors, at least where the contractor’s license requires them to subcontract a portion of their work. The case provides clear interpretation of Chapter 489, Florida Statutes, and clarifies that contractors should be allowed to hire required subcontractors even where the contract does not expressly allow it.
Read moreAn Update on Assignments of Benefits for Florida Contractors
While assignment of benefit agreements are quickly being phased out for insurance payments on construction projects, it’s important for contractors who plan to continue to use them while they can to know how courts have been applying Florida’s assignment of benefits statute and what contractors need to do to be compliant with those decisions.
Read moreWhat Florida's New Insurance Statute (SB-2A) Means for Contractors
Earlier today, Florida’s legislators approved Senate Bill 2A and sent it to Governor Desantis for signature. The statute makes dramatic changes to Florida’s property insurance statutes, and, for contractors, signals the end of an era and a need for immediate changes in how those that perform work where insurance proceeds are involved run their business.
Read moreFlorida Board of Architecture Determines Venezuelan Architect Not Allowed to Use Term "Architect" on Website in Florida
In a concurring opinion, Florida’s First District Court of Appeal recently affirmed disciplinary action taken by Florida’s Board of Architecture against a Venezuelan architect who did not have a Florida architect’s license, but was nonetheless using the term “architect” on his website.
Read moreFlorida DBPR Extends Narrow, Relaxed Licensing due to Hurricane Ian into January 2023
On October 1, 2022, and November 9, 2022 Florida’s DBPR relaxed three licensing statutes applicable to contractors and electrical contractors by emergency order. Those orders expired November 22, 2022, but late on that day, the DBPPR extended the November 9th emergency order to January 20, 2023.
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