Proposed Statute Would Allow Homeowners to Cancel Roofing Contracts Within 10 Days of Signing

The proposed statute modifies 489.147, Florida Statutes, which was enacted in 2021 and governs certain prohibited practices for roofing and other contractors operating on insurance-funded projects or in emergency areas. If enacted, homeowners would be able to cancel contracts without penalty within 10 days of signing under certain circumstances.

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Proposed Statute Would Require Boards Denying Certain Licensing Applications to Submit Denial to DBPR Secretary for Review

The proposed law would apply to denials of licensing applications submitted through reciprocity or endorsement programs where the denial is based on a finding that the requirements for licensure in the original state are not substantially equivalent to the requirements of Florida or are otherwise insufficient for licensure in this state.

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Court Reverses Dismissal of Two Claims by General Contractor Against Subcontractor Finding They Were Not Barred by Credit Agreement Between the Parties

Florida’s Fourth District Court of Appeal partially reversed a dismissal with prejudice of all of a general contractor’s claims against a subcontractor, finding that the credit agreement between the parties did not preclude claims for breach of an implied in fact contract or negligence. The case is an important reminder that not only do the terms of contracts matter, but so do when they are signed, who signs them, and how they are referred to in pleadings.

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Proposed Statute Would Require Florida's CILB to Issue Registered Licenses to Certain Phased Out Local Licenseholders

The statute is being proposed in response to a phase out of certain contractor licenses issued by cities and counties, and would require the Florida Construction Industry Licensing Board to issue registered licenses to contractors that had certain local licenses from 2021 through 2023 in areas where those local licenses have been phased out.

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Court Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor

The final order imposed fines and continuing education against the electrical contractor, and possibly could have been avoided if the contractor had properly responded to the administrative complaint or properly preserved his rights to a final hearing. The case is a cautionary tale to contractors facing licensing complaints to take them seriously and comply with deadlines and instructions relating to the complaint.

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Court Affirms Judgment in Favor of Subcontractor Over Failing Golf Pond Liner

The court affirmed judgment in favor of the subcontractor against a general contractor after a lawsuit arose over unpaid invoices for a liner installed as part of a golf course renovation. The case is a good reminder to all those in the construction industry of the time and expense of litigation, and the finality of judgments even in disputed cases.

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Appellate Court Affirms Dismissal of Roofer's Lawsuit Based on Non-Compliant Assignment of Benefits

Florida’s Second District Court of Appeal affirmed dismissal of a lawsuit brought by a roofing contractor against an insurance carrier on behalf of an insured, finding that the assignment of benefits contract between the contractor and insured did not strictly comply with the requirements of section 627.7152, Florida Statutes.

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Proposed Florida House Bill Would Allow HVAC Contractors to Perform Additional Electrical Work and Make Warranties Transferable

Florida House Bill 481 (and Senate Bill 612), if enacted, would modify the definitions of work that could be performed by Class A and B HVAC contractors and Mechanical contractors in Florida to include additional electrical work. The proposed bills would also make it easier for warranties on HVAC equipment to be transferred when a property is sold.

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Court Reverses Judgment in Favor of Contractor, Holding That Judgment Against Subcontractor for Similar Claimed Damages Does Not Preclude Suit Against Contractor

The lawsuit arose over claims of defective work asserted against a general contractor and its HVAC subcontractor. After a default judgment was entered against the HVAC subcontractor, and paid by the HVAC subcontractor, the general contractor attempted to have judgment summarily entered in its favor. Though successful at the trial level, the judgment was reversed on appeal by Florida’s Sixth District Court of Appeal.

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Court Enters Order Finding Claims of Deficient Townhome Construction Were Timely Under Statute of Repose

Florida’s 9th Judicial Circuit recently ruled on competing motions for partial summary judgment, determining that a homeowner’s association’s claims for deficient construction of 104 townhomes were not barred by Florida’s statute of repose, and applying the date of the issuance of the last certificate of occupancy for the project and final payment due date to reach that conclusion.

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DBPR Enacts Two Emergency Orders Impacting Contractors as a Result of Hurricane Idalia

One extends the August 31, 2023 deadline to renew contractor licenses and complete continuing education to October 2, 2023, and the other expands the types of contractor licenses that can perform roofing work in 47 counties affected by Hurricane Idalia. NOTE, there is no suspension of contractor licensing requirements in general, and out of state contractors wanting to do work in Florida must be properly licensed to perform work in Florida, even under these DBPR emergency orders.

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Contractor's Lawsuit Dismissed for Failing to Provide Contractor's Payment Affidavit Prior to Filing Suit

The contract between the parties required that the contractor provide the final payment affidavit described in 713.06, Florida Statutes, before final payment was due. This case illustrates the importance of complying with contractual requirements pre-suit, and the consequences they can have, including increased litigation costs.

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