Court Refuses to Enforce Lien Where It Was Not Clear That Person Entering Into Contract was Agent of Property Owner

The contract at issue was entered into between the son of the property owner and a contractor, and the court ultimately refused to enforce a lien against the property owner due to conflicting evidence about whether the son was actually acting as an agent of the property owner for the purposes of the contract.

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Two 4th Circuit Orders Grant Summary Judgment Finding that General Contractors Have Non-Delegable Duty to Ensure Construction Complies with Florida Building Code

The orders found that, as a matter of law, the two general contractors in those cases had a duty to supervise, direct, manage, and control the work to ensure compliance with the Florida Building Code, and that such duty could not be delegated to subcontractors or other parties working on the project. The impact of the decisions appears to limit the relevant general contractors’ ability to require liability to be apportioned between various subcontractors.

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Many Changes to Florida's Construction Lien Law Take Effect October 1, 2023.

Earlier this week, Florida’s Governor signed House Bill 331, which included many changes to Chapter 713, Florida Statutes, better known as Florida’s Construction Lien Law. 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 A new section of the statute is also created, and another section is also repealed. All people in the construction industry need to be up to date on the new statutory provisions.

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New Statute Makes Many Changes to Notice of Nonpayment and Notice of Contest of Nonpayment Requirements for Public Projects

The new statutes, which go into effect October 1, 2023, contain 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.

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New Law Prevents Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

The new statute requires local fire officials to identify specific code violations when rejecting permits, and prohibits them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local fire official to state discipline.

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New Statute Requires Building Officials to Provide Code Sections When Requiring Changes to Plans or Work

The new law, effective July 1, 2023 requires building departments to identify specific code violations when rejecting permits, and prohibits them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local building code administrator to state discipline. The apparent intent behind the new law is to prevent building officials from arbitrarily rejecting or requiring changes to plans.

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Florida Governor Signs HB 869 Making it Easier for Mold Assessor and Remediators and Asbestos Consultants and Contractors to Obtain Licenses in Florida

The new law allows mold assessors and remediators and asbestos consultants and contractors who have been licensed in another state for at least 10 years to obtain similar Florida licenses without some of the examination requirements. The statute also removes a deadline for electrical contractor “grandfathering” licensing applications.

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2023 Legislative Update - So Far!

Over the course of the 2023 Florida legislative session, 18 bills were introduced that proposed changes to multiple statutes that directly impact contractors and the construction industry in Florida. Of those 18, five have been signed into law, and four more passed through the legislature and need to be sent to Florida’s governor for signature or veto. Here’s where we stand so far:

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HVAC Contractor has Permitting Privileges Suspended for 18 Months for Pulling Wrong Type of Permit

The contractor pulled an “express change out permit” for work that included the installation a new HVAC unit, new electrical, and new ductwork. While the contractor asserted five challenges to the suspension, it was ultimately upheld by the court that found competent evidence supported the suspension and the length of the suspension.

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Court Determines County Entitled to Dismissal of Claims by General Contractor Where Contractor Failed to Comply with Pre-Suit Dispute Resolution Procedures

Florida’s Fifth District Court of Appeal found that the contract between the parties required the general contractor to exhaust county administrative dispute resolution procedures prior to filing a lawsuit and could potentially result in a waiver of claims not presented through the administrative dispute resolution process.

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Florida Enacts Statute Streamlining Punch Lists Process and Requiring Faster Payments on Public Projects

The new law modifies portions of Chapter 218, Florida Statutes, and Chapter 255, Florida Statutes, to spell out specific punch list processes and to require faster payments to contractors of amounts that are undisputedly due on projects, despite the existence of a punch list. These changes take effect July 1, 2023.

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Florida Passes New Law Shortening Statute of Repose for Construction Defect Claims

The law, which went into effect in April 2023, shortens the statute of repose from 10 years to seven years, based on several triggering events, and modifies the events that trigger the applicable four year statute of limitations. The new law also adds language specifically claims relating to model homes and multi-building developments.

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Florida Court Applies Statute of Repose to Bar Defective Work Claims Brought Against Contractor 10 Years After Issuance of Certificate of Occupancy

The court concluded that the homeowners’ association brought the claims after the expiration of the 10 year statute of repose applicable to construction defects. The decision turned, at least in part, on the fact that the general contractor was also the owner of the townhomes at the time the certificates of occupancy were issued.

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Florida's New Immigration Statute's Impacts Private Employers and Public Contractors and Subcontractors

The new statute, which generally takes effect July 1, 2023 imposes new requirements on private employers with more than 25 employees, and contractors and subcontractors engaged in public construction projects. Penalties for non-compliance can include losing your contractor’s license. The statute also restricts the use of certain types of driver’s licenses issued by other states, requires certain reporting by hospitals, and increases criminal penalties for human trafficking.

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Proposed Statute Would Prevent Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

Proposed changes to minimum fire safety standards statute would require local fire officials to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local fire official to state discipline.

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Proposed Statute Would Prevent Building Departments from Requiring Changes to Plans Without Specific Code Section Requiring Change

Proposed changes to Florida’s Building Codes Act would require building departments to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local building code administrator to state discipline.

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