For many small and mid-size contractors, the award of a single public contract can make or break their business. Because of this, it is important for a contractor to know and understand the requirements and processes involved when bidding on a public construction contract. A contractor must first make sure […]
Owner’s Partial Use of the Property Does Not Preclude Loss of Use Damages in Construction Defects Cases
By Austin B. Calhoun, Esq.
Under Florida law, a property owner may be entitled to “loss of use” damages if construction delay or defects deprive the owner of use of the property. Loss of use damages are measured by the reasonable rental value of the property. These rules raise some questions. For instance, can an owner claim “loss of use” for the period that owner refuses to inhabit the property while construction defects are being repaired? What if owner partially uses the property during such time? These questions were addressed in a recent Florida Third District Court of Appeals case: Gonzalez v. Barrenechea, 2015 Fla. App. LEXIS 647 (Fla. 3d DCA Jan. 21, 2015). This blog examines the Gonzalez case and the answers provided therein.
Many Florida contractors and license holders have a general understanding of the Florida Construction Industry Licensing Board (“CILB”), but like many quasi-judicial bodies, it can remain a mystery to those who practice and appear in front of the CILB. This post will cover some specific information regarding petitions for declaratory […]
By: James O. Birr, III, Esq.
Contractors, architects, engineers, and other design professionals must be aware of the “open and obvious” defense applicable to their work in connection with construction projects. This defense is sometimes referred to as the Slavin doctrine. The Slavin doctrine was created to limit a contractor’s liability to third persons. However, Florida courts also apply this defense to design professionals. Transportation Engineering, Inc. v. Cruz; see also Jesse McIntosh v. Progressive Design and Engineering, Inc., et al. (professional not liable for accident because defect was patent and owner accepted design).
Section 553.781, Florida Statutes, provides a measure to require the design professionals and contractors to comply with the Building Code. The Legislature found that accountability for work performed by design professionals and contractors is the key to strong and consistent compliance with the Florida Building Code and, therefore, protection of […]
By: James O. Birr, III
Mortgage foreclosures in Florida took an interesting twist in December 2014, due to the recent decision in Deutsche Bank Trust Company, et al. v. Beauvais, et al. This decision effects the time period for bringing foreclosure claims in the event of acceleration and a prior dismissal of a foreclosure lawsuit.
By: James O. Birr, III
The Florida Statutes provide for licensing of certain contractors performing work in this state. If a contractor does not have the requisite licensing, that contractor will not be able to enforce its contract or lien rights. See Florida Statute Section 489.128. This is a dagger to any person seeking to enforce such an illegal contact. While on its face, this statute appears clear, when a party is in arbitration, such an illegal contact may still be enforceable. The Village at Dolphin Commerce Center, LLC, vs. Construction Service Solutions, LLC.
Many Florida contractors and license holders have a general understanding of the Florida Construction Industry Licensing Board (“CILB”), but like many quasi-judicial bodies, it can remain a mystery to those who practice and appear in front of the CILB. For those who chose to appear pro se in front of […]
By Austin B Calhoun
Construction is a risky business. One risk is the danger to the public from activities of incompetent contractors. The Florida Legislature has addressed this risk. Chapter 489, Florida Statutes, regulates construction “contracting,” as defined in Section 489.105(6). To protect the public, a business organization that wishes to engage in contracting must be “licensed.” To be licensed, a business organization must have a “qualifying agent” in accordance with Chapter 489 concerning the scope of the work to be performed under the contract. Fla. Stat. 489.128(1)(a) (2014). This requirement raises questions: Who is a qualifying agent? How does a company register a qualifying agent in accordance with Chapter 489? When does a company need to register a qualifying agent? This blog answers these three questions and addresses the federal Lake Eola Builders case that tries to craft an exception to the strict rules of Chapter 489.
By: James O. Birr, III
Most well written construction contracts, or any contract for that matter, have provisions governing venue for litigation of disputes arising out of or related to the contract. These types of provisions are commonly referred to as venue selection clauses. Depending on how the venue clause is worded, a court may require the parties to litigate their claims in a venue that does not jibe with what the parties intended. In the context of construction defect cases, and notwithstanding whether the venue clause is mandatory, parties may still be required to litigate in a forum other than the one they selected. Love’s Window & Door Installation, Inc. v. Acousti Engineering Company.