While four proposed statutes this Florida legislative session sought to clarify and resolve problems with the original 2021 statute cancelling local licensing by July 2023, only one of those has significantly advanced through committees and last week it was amended to simply extend the deadline for cancellation to July 2024.
Read moreRecently Signed HB 837 ("Tort Reform Bill") Has Impacts on the Construction Industry
While the focus of news coverage has been on personal injury claims, the new law, effective today, impacts attorneys’ fee awards in actions involving payment and performance bonds for construction projects and statutes of limitation for negligence claims.
Read moreCourt Reverses Homeowners Construction Recovery Fund Award Where Homeowners Did Not Diligently Pursue Other Avenues of Recovery First
The decision makes clear that homeowners seeking to recover from the fund must take reasonable, and diligent steps to recover on a judgment or award, even if those efforts seem like they will be fruitless, before the Construction Industry Licensing Board can disburse an award from the Homeowners Construction Recovery Fund.
Read moreFlorida Court Confirms Estimate Attached to Assignment of Benefits Must be Job Specific
A recent Third District Court of Appeal decision reiterates the level of detail required in a written, itemized, per-unit cost estimate that must be provided when using an assignment of benefits. While the use of assignments of benefits for disaster recovery work has essentially been eliminated for future policies, there are still many claims out there arising under previously issued policies and many assignments of benefits still in place.
Read moreNew Decision Shows Risks of Performing Disaster Recovery Work Under a Builder's Risk Policy
The court granted summary judgment and declined to find coverage under the specific terms of a builders’ risk policy for vandalism and water damage to a building where the policy was in effect, but work had not begun.
Read moreProposed Statute Would Streamline Process for Creating Punch Lists and Require Faster Payment of Undisputed Amounts on Public Projects
The statute makes modifications to several prompt payment statutes relating to public projects and requires the parties to develop detailed punch lists, and then promptly pay for any amounts due under the contract that are not the subject of the punch lists.
Read moreFour Proposed Statutes Attempt to Clarify Local Licensing Issues Before July 2023
HB 1625, SB 1584, SB 1570, and HB 1383 are all attempts to modify the portions of Florida’s contractor licensing statute that were enacted to largely eliminate local licensing. Most of the statutes seek to add back in some requirements for local licenses, or equivalent specialty licenses at the state level. All four statutes clarify that local governments cannot make the issuance of a building permit contingent on having a license
Read moreCourt Enforces Personal Guaranty in Favor of Rental Company, Despite Company Name Changes
The decision resulted in a $42,816.68 judgment against the individual owner of the company, who had signed a personal guaranty with the rental equipment company years before when he started his company.
Read moreContractor Fined Over $8,500.00 and Placed on Probation for Two Years for Assisting Unlicensed Contractor
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.
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