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.
Read moreProposed Statute Would Impose New Requirements on Local Contractor Boards and Increase Homeowners' Recovery Fund Limits
The proposed changes to Chapter 489, Florida Statutes, are part of a larger bill impacting many professions governed by the DBPR.
Read moreProposed 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.
Read moreCourt 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.
Read moreProposed 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.
Read moreProposed Statute Would Require Lien Releases in Florida to Match Statutory Form
Florida Senate Bill 908, if enacted, would modify 713.20, Florida Statutes, and require final and partial lien waivers in Florida to match the statutory form set forth in Florida’s Construction Lien law and would make any other types of forms unenforceable.
Read moreCourt 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.
Read moreCourt 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.
Read moreAppellate 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.
Read moreProposed 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.
Read moreProposed Senate Bill Would Prevent Counties and Municipalities from Issuing Journeyman Electrical or Alarm System Contractor Licenses
Senate Bill 460 would repeal 489.5335, Florida Statutes, which allows Florida counties and municipalities to issues journeyman licenses in the electrical and alarm system trades if the applicant meets certain criteria.
Read moreProposed Florida Bill Would Increase Homeowner's Recovery Fund Payment Maximums
Senate Bill 414 would increase the maximum payments available through Florida’s Homeowners’ Construction Recovery Fund beginning in 2024, and increasing them annually through at least 2028.
Read moreCourt Discharges Lien Where Subcontractor Fails to Timely File Suit to Foreclose
The general contractor filed a lawsuit pursuant to 713.21, Florida Statutes, to discharge two construction liens recorded by a subcontractor. When the subcontractor filed a motion for extension of time to respond to the complaint, as opposed to a lawsuit to foreclose, the court discharged the construction liens.
Read moreCourt 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.
Read moreCourt 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.
Read moreFlorida Court Reverses Deceptive and Unfair Trade Practices Act Award Against Roofer
The appellate court determined that because the homeowner was not able to prove they suffered any actual damages as a result of the claimed deceptive or unfair trade practice, the trial court should not have allowed the jury to award damages on the homeowner’s FDUPTA claim.
Read moreDBPR 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.
Read moreCourt Affirms Enforcement of Unwritten Agreement between Owner and Subcontractor for Extra Work Despite Express Contract with General Contractor
The subcontractor had obtained a $7,119.00 judgment in its favor for extra work it claimed to have been implicitly requested by the property owner, which was outside the scope of the subcontractor’s contract with the general contractor on the project.
Read moreContractor'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.
Read moreCourt Affirms That Venue in Sarasota County, Florida is Proper for Subcontractor's Claims Involving Pinellas County Project.
The case involves a $100,000.00 dispute over the installation of stairs at an apartment complex, a claim seeking a declaration of potential lien rights, and the application of the “place of payment” and “local action” rules to determine the proper venue for the dispute between the subcontractor and general contractor.
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