In affirming the imposition of fines for unlicensed contracting, the Court held that a formal administrative hearing is necessary only where the material facts are in dispute.

The appeal arises from a dispute over a failed delivery of garage doors. After a default was entered against the subcontractor, it continued to oppose a motion for summary judgment filed by the general contractor, arguing that the default did not preclude it from contesting the amount of damages to which the general contractor was entitled.

The request came five and a half years into litigation and the denial resulted in summary judgment in favor of a shell contractor attempting to foreclose a $220,000.00 lien.

The decision confirms that where a surety enters into a settlement payment with a project owner, the contractor is entitled to setoff that payment against a subsequent judgment obtained against a contractor for the same damages.

In a short opinion, Florida’s Third District Court of Appeal affirmed a final judgment foreclosing a lien in favor of a general contractor. While the opinion is short and without elaboration, reviewing the underlying trial docket raises questions about the acceptable forms for contractor’s payment affidavits and pleading affirmative defenses relating to lien claims.

Since 2019, roofing contractors in Florida have been subject to a litany of new regulations, including restrictions on advertising methods and certain disclosure requirements in their contracts. On May 2, 2024, Governor DeSantis signed HB 939, which becomes law on July 1, 2024. The new statute imposes new disclosure requirements on roofing contractors and gives homeowners new contract cancellation rights. Roofing contractors in Florida need to evaluate their contracts and contact their attorneys to ensure they comply with the new requirements.

The decision issued by Florida’s Fourth District Court of Appeal found that where a property owner alleged in its complaint that the lien should be discharged due to the contractor’s failure to serve a notice to owner, 713.21(4) did not apply.

The latest in a series of decisions by the 11th Circuit Court of Appeals confirms an insurers duty to defend contractors against complaints of defective work and damages during construction. The three appeals, stretching from 2019 through 2024, provide a lot of insight into the importance of the allegations of the complaint, how coverage can be affected by them, and the breadth of the duty to defend even where coverage may be questionable.

The contractor amended its construction lien, which was then transferred to a bond and contested by the property owner after the start of litigation. When the contractor failed to add the bond’s surety to the lawsuit within 60 days, the property owner sought summary judgment and obtained an order finding the lien was extinguished based on the operation of two sections of Florida’s Construction Lien law.

Florida’s Third District Court of Appeal reversed summary judgment entered in favor of the construction company’s president, finding that fact issues remained about whether the president ordered the company’s employee to place a tarp on a roof without also providing appropriate safety equipment.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The new law goes into effect July 1, 2024, and (1) keeps local licensing in place through July 1, 2024, (2) clarifies when permits can be required, (3) and requires the creation of 12 new state specialty contracting licenses.

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.

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.

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.

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.

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.

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: