Florida Construction Industry Law Blog


The Disciplinary Process of a Certified Contractor in Florida: Part Two

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 … Read Full Post

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Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting

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 … Read Full Post

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The Disciplinary Process of a Certified Contractor in Florida: Part One

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 … Read Full Post

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Challenging Building Permit Denials in Florida

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. Read Full Post

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Personal Liability for Qualifying Agents in Florida

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.  … Read Full Post

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Liability of General Contractors for Unlicensed Subcontractors

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 … Read Full Post

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Pool Contractor’s Ability to Work on Pool Electrical Wiring in Florida

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 … Read Full Post

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Construction Projects in Florida and Indemnity Claims – Beware of the Statute of Repose

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 … Read Full Post

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Home Warranties: Contractor and Owner Beware

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 … Read Full Post

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Pay When Paid Provisions in Construction Contracts

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 … Read Full Post

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