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Hammer and Gavel

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Hammer and Gavel

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Featured
Eleventh Circuit Court of Appeals Reverses Dismissal of Pro Se Claims Against Cabinet Contractor, Allowing Punitive Damages Claims to Stand
Apr 30, 2025
Eleventh Circuit Court of Appeals Reverses Dismissal of Pro Se Claims Against Cabinet Contractor, Allowing Punitive Damages Claims to Stand
Apr 30, 2025

The case, which arose out of the omission of soft-close features in a closet cabinet installation and a dispute over a $2,500 repair, resulted in a lawsuit seeking damages plus nearly $500,000 in punitive damages.

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Apr 30, 2025
Court Reverses Judgment in Favor of Contractor After Determining Contractor Was Unlicensed
Apr 22, 2025
Unlicensed Contractor
Court Reverses Judgment in Favor of Contractor After Determining Contractor Was Unlicensed
Apr 22, 2025
Unlicensed Contractor

The decision turned on the Third District Court of Appeal’s interpretation of 489.128, Florida Statutes, which makes contracts entered into by unlicensed contractors unenforceable.

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Apr 22, 2025
Unlicensed Contractor
Court Refuses to Increase Lien Transfer Deposit Amount in Unconsolidated Cases
Mar 10, 2025
Liens, Lien Transfers
Court Refuses to Increase Lien Transfer Deposit Amount in Unconsolidated Cases
Mar 10, 2025
Liens, Lien Transfers

Florida’s Third District Court of Appeal recently declined to reverse a trial court’s refusal to increase the amount a construction lien transfer deposit and the trial court’s related discharge of a lis pendens. The decision seems to rest, at least in part, on the fact that the lien foreclosure action and related breach of contract claims were progressing in two separate, unconsolidated cases.

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Mar 10, 2025
Liens, Lien Transfers
Court Reverses Leave to Assert Punitive Damages Against Road Contractor Over Improper Use of Property as a Staging Area
Feb 13, 2025
Construction Litigation
Court Reverses Leave to Assert Punitive Damages Against Road Contractor Over Improper Use of Property as a Staging Area
Feb 13, 2025
Construction Litigation

Florida’s Third DCA reversed a trial court’s ruling that a property owner could seek punitive damages from a roadway contractor that improperly used the owner’s property as a staging area for construction. While the trial court found that the contractor had acted intentionally, the appellate court noted that to pursue punitive damages against a corporate entity, additional evidence of corporate involvement needed to be presented and was not.

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Feb 13, 2025
Construction Litigation
Court Determines General Contractor Entitled to Attorneys' Fees Award Against Subcontractor Despite Jury Apportionment of Damages
Feb 13, 2025
Attorneys' Fees, Subcontractors, Third-Party Claims
Court Determines General Contractor Entitled to Attorneys' Fees Award Against Subcontractor Despite Jury Apportionment of Damages
Feb 13, 2025
Attorneys' Fees, Subcontractors, Third-Party Claims

Florida’s First District Court of Appeal recently reversed a trial court’s denial of a general contractor’s motion for attorneys’ fees filed against a stucco subcontractor, finding that the apportionment of damages in primary claims between the property owner and general contractor should have no bearing on the prevailing party status of the general contractor on third-party claims against subcontractors.

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Feb 13, 2025
Attorneys' Fees, Subcontractors, Third-Party Claims
Architect's Claims for Breach of Contract and Copyright Infringement Reinstated Due to Factual Issues over Termination
Feb 5, 2025
Contracts
Architect's Claims for Breach of Contract and Copyright Infringement Reinstated Due to Factual Issues over Termination
Feb 5, 2025
Contracts

11th Circuit court of appeal reverses dismissal with prejudice of breach of contract and copyright claims asserted by architect, finding that factual issues surrounding the basis for termination preclude disposition of the claims on a motion to dismiss. The court found this to be the case despite the existence of a termination for convenience provision in the contract.

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Feb 5, 2025
Contracts
Court Reinstates Contractor's Lien After Holding that Claimed Local Licensing Violations Do Not Necessarily Fall Under 489.128, Florida Statutes
Jan 15, 2025
Licensing
Court Reinstates Contractor's Lien After Holding that Claimed Local Licensing Violations Do Not Necessarily Fall Under 489.128, Florida Statutes
Jan 15, 2025
Licensing

Florida’s Fourth District Court of Appeal reinstated a contractor’s construction lien after finding that alleged unlicensed contracting in violation of local ordinances did not trigger the application of 489.128, Florida Statute. The court does a good job of outlining the differences between state and local licensing laws and the penalties and scope of enforcement available at the state and local level.

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Jan 15, 2025
Licensing
11th Circuit Affirms Delay Damages Award to Subcontractor on Federal Project despite "No-Damages-For-Delay" Provisions in Contract
Dec 5, 2024
Federal Projects, Contracts, Delay Damages
11th Circuit Affirms Delay Damages Award to Subcontractor on Federal Project despite "No-Damages-For-Delay" Provisions in Contract
Dec 5, 2024
Federal Projects, Contracts, Delay Damages

11th Circuit affirms delay damages award to subcontractor despite the existence of a “no-damages-for-delay” provision in the subcontractor agreement, finding that general contractor was aware of conditions causing delays and potential solutions, but did not enact those solutions. The opinion provides a thorough analysis of the types of damages awardable under these provisions and the causal link necessary to prove delay damages.

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Dec 5, 2024
Federal Projects, Contracts, Delay Damages
Court Confirms that Electrical Contractors can Perform Excavation As Part of Their License Without Also Being Licensed Underground Utility Contractors
Nov 27, 2024
Electrical Contractors, Licensing
Court Confirms that Electrical Contractors can Perform Excavation As Part of Their License Without Also Being Licensed Underground Utility Contractors
Nov 27, 2024
Electrical Contractors, Licensing

Appellate court reverses judgment and finds that electrical contractor was properly licensed to perform excavation as part of its scope of work when installing underground electrical work. The reversal turn largely on the trial court’s improper application of Part I of Chapter 489, Florida Statutes, to electrical contractors, when they are governed by Part II of Chapter 489, Florida Statutes.

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Nov 27, 2024
Electrical Contractors, Licensing
Court Affirms Administrative Fines for Unlicensed Contracting Following Informal Hearing
Jul 28, 2024
Licensing, Unlicensed Contractor
Court Affirms Administrative Fines for Unlicensed Contracting Following Informal Hearing
Jul 28, 2024
Licensing, Unlicensed Contractor

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.

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Jul 28, 2024
Licensing, Unlicensed Contractor
Court Affirms Entry of Default Against Subcontractor But Reverses Grant of Summary Judgment Due to Issues as to Damages
Jul 27, 2024
Lawsuit Mechanics
Court Affirms Entry of Default Against Subcontractor But Reverses Grant of Summary Judgment Due to Issues as to Damages
Jul 27, 2024
Lawsuit Mechanics

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.

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Jul 27, 2024
Lawsuit Mechanics
Court Affirms Denial of Request to Assert Failure to Provide Contractor's Payment Affidavit as a Defense
Jul 25, 2024
Liens
Court Affirms Denial of Request to Assert Failure to Provide Contractor's Payment Affidavit as a Defense
Jul 25, 2024
Liens

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.

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Jul 25, 2024
Liens
Court Holds Contractor Entitled to Credit Against $1.9 Million Judgment for Settlement Payment Made by Surety
Jun 6, 2024
Bonded Projects
Court Holds Contractor Entitled to Credit Against $1.9 Million Judgment for Settlement Payment Made by Surety
Jun 6, 2024
Bonded Projects

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.

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Jun 6, 2024
Bonded Projects
Court Affirms Final Judgment, Tacitly Finding AIA Form Affidavit Satisfies Requirements Under 713.06, Florida Statutes
Jun 5, 2024
Liens
Court Affirms Final Judgment, Tacitly Finding AIA Form Affidavit Satisfies Requirements Under 713.06, Florida Statutes
Jun 5, 2024
Liens

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.

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Jun 5, 2024
Liens
New Law is Just the Latest Set of New Requirements for Roofing Contracts in Florida
May 3, 2024
Roofing Contractors, Construction Statutes
New Law is Just the Latest Set of New Requirements for Roofing Contracts in Florida
May 3, 2024
Roofing Contractors, Construction Statutes

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.

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May 3, 2024
Roofing Contractors, Construction Statutes
Court Refuses to Discharge Lien Where Subcontractor Failed to Serve Notice to Owner
May 2, 2024
Liens
Court Refuses to Discharge Lien Where Subcontractor Failed to Serve Notice to Owner
May 2, 2024
Liens

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.

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May 2, 2024
Liens
Trio of Appellate Decisions Confirm Insurers Duty to Defend Home Builder Against Defective Work Claims
Apr 19, 2024
Building Contractors, Defective Work, Insurance Claims
Trio of Appellate Decisions Confirm Insurers Duty to Defend Home Builder Against Defective Work Claims
Apr 19, 2024
Building Contractors, Defective Work, Insurance Claims

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.

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Apr 19, 2024
Building Contractors, Defective Work, Insurance Claims
Court Affirms Extinguishment of $1.8 Million Construction Lien Over Failure to Timely Add Surety to Lawsuit
Apr 15, 2024
Liens
Court Affirms Extinguishment of $1.8 Million Construction Lien Over Failure to Timely Add Surety to Lawsuit
Apr 15, 2024
Liens

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.

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Apr 15, 2024
Liens
Court Finds Construction Company President Potentially Liable for Injuries to Worker Who Fell Off Roof
Apr 4, 2024
Employees, Injured Employees
Court Finds Construction Company President Potentially Liable for Injuries to Worker Who Fell Off Roof
Apr 4, 2024
Employees, Injured Employees

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.

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Apr 4, 2024
Employees, Injured Employees
Court Reverses Dismissal of Two Claims by General Contractor Against Subcontractor Finding They Were Not Barred by Credit Agreement Between the Parties
Feb 24, 2024
Contracts
Court Reverses Dismissal of Two Claims by General Contractor Against Subcontractor Finding They Were Not Barred by Credit Agreement Between the Parties
Feb 24, 2024
Contracts

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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Feb 24, 2024
Contracts
Court Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing
Court Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing

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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Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing
Court Affirms Judgment in Favor of Subcontractor Over Failing Golf Pond Liner
Feb 17, 2024
Court Affirms Judgment in Favor of Subcontractor Over Failing Golf Pond Liner
Feb 17, 2024

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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Feb 17, 2024
Appellate Court Affirms Dismissal of Roofer's Lawsuit Based on Non-Compliant Assignment of Benefits
Feb 17, 2024
Assignment of Benefits, Roofing Contractors
Appellate Court Affirms Dismissal of Roofer's Lawsuit Based on Non-Compliant Assignment of Benefits
Feb 17, 2024
Assignment of Benefits, Roofing Contractors

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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Feb 17, 2024
Assignment of Benefits, Roofing Contractors
Court Discharges Lien Where Subcontractor Fails to Timely File Suit to Foreclose
Oct 25, 2023
Liens
Court Discharges Lien Where Subcontractor Fails to Timely File Suit to Foreclose
Oct 25, 2023
Liens

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.

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Oct 25, 2023
Liens
Court Reverses Judgment in Favor of Contractor, Holding That Judgment Against Subcontractor for Similar Claimed Damages Does Not Preclude Suit Against Contractor
Oct 25, 2023
Indemnification, HVAC Contractors, Defective Work
Court Reverses Judgment in Favor of Contractor, Holding That Judgment Against Subcontractor for Similar Claimed Damages Does Not Preclude Suit Against Contractor
Oct 25, 2023
Indemnification, HVAC Contractors, Defective Work

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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Oct 25, 2023
Indemnification, HVAC Contractors, Defective Work
Court Enters Order Finding Claims of Deficient Townhome Construction Were Timely Under Statute of Repose
Oct 25, 2023
Statute of Limitations, Statute of Repose, Townhome Projects
Court Enters Order Finding Claims of Deficient Townhome Construction Were Timely Under Statute of Repose
Oct 25, 2023
Statute of Limitations, Statute of Repose, Townhome Projects

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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Oct 25, 2023
Statute of Limitations, Statute of Repose, Townhome Projects
Florida Court Reverses Deceptive and Unfair Trade Practices Act Award Against Roofer
Oct 7, 2023
Defective Work, Roofing Contractors
Florida Court Reverses Deceptive and Unfair Trade Practices Act Award Against Roofer
Oct 7, 2023
Defective Work, Roofing Contractors

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.

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Oct 7, 2023
Defective Work, Roofing Contractors
Sep 1, 2023
DBPR Orders, Hurricane Related
DBPR Enacts Two Emergency Orders Impacting Contractors as a Result of Hurricane Idalia
Sep 1, 2023
DBPR Orders, Hurricane Related

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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Sep 1, 2023
DBPR Orders, Hurricane Related
Court Affirms Enforcement of Unwritten Agreement between Owner and Subcontractor for Extra Work Despite Express Contract with General Contractor
Aug 4, 2023
Getting Paid
Court Affirms Enforcement of Unwritten Agreement between Owner and Subcontractor for Extra Work Despite Express Contract with General Contractor
Aug 4, 2023
Getting Paid

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.

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Aug 4, 2023
Getting Paid
Contractor's Lawsuit Dismissed for Failing to Provide Contractor's Payment Affidavit Prior to Filing Suit
Aug 2, 2023
Building Contractors, Contracts, Getting Paid
Contractor's Lawsuit Dismissed for Failing to Provide Contractor's Payment Affidavit Prior to Filing Suit
Aug 2, 2023
Building Contractors, Contracts, Getting Paid

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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Aug 2, 2023
Building Contractors, Contracts, Getting Paid

 


Contact Jason

Jason S. Lambert
Hill Ward Henderson
101 E. Kennedy Blvd Ste. 3700
Tampa, FL 33602
(727) 743-1037
jason.lambert@hwhlaw.com

 

Nothing on this website should be considered a solicitation for legal representation. Further, nothing on this website establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this website. The statements and views expressed on this website are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion. Finally, please pay attention to the dates on blog posts. Laws can and do change frequently, and blog posts may contain outdated information. You should confer with your own legal counsel regarding the application of any information on this website to your situation.

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