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.
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 […]