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.
As I mentioned in a previous post, when a construction project encounters problems, and especially when a suit is filed, a property owner will seek every bit of leverage he or she can get against the contractor handling the project. This may include, for instances, threats by the property owner […]
As many construction professionals are no doubt aware, when a construction project encounters problems, regardless of the reason, tensions and emotions can run high; this is doubly true when the problem results in a lawsuit by the owner of the property against the general contractor. When a dispute has progressed […]
On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light fixtures. The Final Order adopted and was based upon an […]
Construction projects typically involve many parties, from design professionals to contractors, to subcontractors, to suppliers. When a project goes south and there are problems, some or all of those parties may be responsible. In some cases, when there is a problem on a construction project, an owner may sue a […]
Many new home purchases in Florida include some sort of home warranty agreement. Home warranties in Florida are governed by Chapter 634 of the Florida Statutes. As is usually the case, the “devil is in the details” in terms of what that home warranty does and does not cover. Indeed, […]
A “ pay when paid ” or “ pay if paid ” provision is often used in general contracts to shift the risk of payment by the owner to the subcontractors. They are sometimes referred to as contingent payment clauses and typically makes the subcontractor’s payment contingent upon the payment […]
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing.
On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due.
In Florida, an insurance company may have a duty to defend and/or indemnify its insured. The insurance company’s duty to defend its insured (as in defending the insured in a lawsuit) is broader than its duty to indemnify (as in paying for damages caused by the insured). The duty to defend is separate and apart from the duty to indemnify.