The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims against which other parties. This blog post discusses Florida’s economic […]
This series will discuss the five most common violations prosecuted by the Department of Business and Professional Regulation (“DBPR”) pertaining to certified contractors. Part I of this series will discuss permitting violations and the steps to take in order to avoid the DBPR pursuing disciplinary action against a contractor’s license. […]
Florida contractors’ licenses are separated into two distinct types for regulatory purposes, certified or registered. Each license type has its distinct benefits and drawbacks which should be discussed and weighed with your clients prior to proceeding with the licensure process. Certified Contractors– are permitted to operate in all Florida cities […]
The Department and CILB have several alternative construction licensing processes that are worth discussing. While these provisions still utilize the normal application process, they are alternatives to the normal examination/experience or registration requirements of section 489.111, Florida Statutes. 1. Certification of Registered Contractors License (Grandfathering) Pursuant to Section 489.118, Florida Statutes, […]
As a prerequisite to the initial issuance, or the renewal of an active construction license in Florida the applicant must prove that they have the statutory insurance policies in place. In order to do so, the applicant shall submit a signed affidavit attesting to the fact that the it has […]
Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the building of structures that can withstand the storms. The building code creates certain high wind zones […]
In the first part of this series I discussed the disciplinary process leading up to the Probable Cause Panel (“Panel”) proceedings. This article will discuss how an Administrative Complaint is properly filed to initiate formal discipline on a licensee, and the decisions that a licensee must make once an Administrative […]
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of […]
All certified contractors must abide by the provisions of Chapter 489, Florida Statutes, which govern construction contracting. The Department of Business and Professional Regulation (“Department”) is tasked with the responsibility of regulating the construction industry and disciplining the licensee for violations of Chapter 489, Florida Statutes. Practically everyday, the Department […]
When a party wishes to construct, erect, alter, modify, repair or demolish any building in the state of Florida, obtaining a building permit is the crucial first step. Fla. Stat. § 5531.79(1). However, state agencies have the authority to deny or revoke a building permit if any plans regarding a building are not in conformity with the Florida Building Code.