Florida Construction Industry Law Blog



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

By: Christopher M. Cobb, Esq. 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 … Read Full Post

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Construction Defect Statute of Repose: Post-Closing Punch-list Work May Delay Its Start

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. Read Full Post

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House Bill 377 Clarifies Date of Completion of the Contract for Statute of Repose—a Legislative Win for Contractors

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. Read Full Post

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Construction Defects and Insurance Coverage: When Is the Duty to Defend Triggered?

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. Read Full Post

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The Most Common Commercial Construction Contract Issues: Part I

When entering into a commercial construction contract to build a commercial building, landowners should be aware of certain contract issues that can cause future legal problems. This article is designed to address some of the more common issues seen in commercial construction contracts, and what landowners should pay attention to before entering into any contracts for the construction of a commercial building. Read Full Post

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Design Professional Liability: Does Your Contract Protect You?

Under Florida law, individual design professionals can be held liable for professional negligence, even if they did not personally contract for the professional services. Moransais v. Heathman. Moreover, Florida’s statutes governing engineering, architecture and geology make clear that individual design professionals are not automatically absolved of liability simply because they are not parties to a contract. Read Full Post

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