Last Week in Florida Construction Law
A $1.8M lien is lost over blown deadlines; three cases provide a lot of guidance on insurance coverage for contractors; and an update on new statutes impacting contractors
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Court Affirms Extinguishment of $1.8 Million Construction Lien Over Failure to Timely Add Surety to Lawsuit
The contractor amended its construction lien, which was then transferred to a bond and contested by the property owner after the start of litigation. When the contractor failed to add the bond’s surety to the lawsuit within 60 days, the property owner sought summary judgment and obtained an order finding the lien was extinguished based on the operation of two sections of Florida’s Construction Lien law. Click here to read the full article.
Trio of Appellate Decisions Confirm Insurers Duty to Defend Home Builder Against Defective Work Claims
The latest in a series of decisions by the 11th Circuit Court of Appeals confirms an insurers duty to defend contractors against complaints of defective work and damages during construction. The three appeals, stretching from 2019 through 2024, provide a lot of insight into the importance of the allegations of the complaint, how coverage can be affected by them, and the breadth of the duty to defend even where coverage may be questionable. Click here to read the full article.
Where are the 8 bills affecting the construction industry in the process of becoming laws?
HB 267 - Changes to Building Codes Act - passed by legislature
HB 535 - Low Voltage Fences and Alarms - passed by legislature
HB 1335 - Local Licensing Boards and Homeowners’ Recovery Fund Limits - passed by legislature
HB 481 - HVAC Scope of Work and Warranties - passed by legislature
HB 917 - Local Journeyman Licensing - pending in governor’s office; must be acted on by Governor by May 1, 2024
HB 939 - Roofing Contract Cancellation and Disclosures - passed by legislature
SB 1142 - Extension of Local Licensing Deadlines - passed by legislature
HB 623 - Mandatory Warranties for Newly Constructed Homes - signed by governor; takes effect July 1, 2025
Click here for more information and details about each one of these statutes.
This article written by:
Jason Lambert is a Florida licensed attorney, Board Certified in Construction Law, who focuses his practice on representing and advising contractors, subcontractors, and material suppliers in the construction industry throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He also has experience in the wholesale and retail electrical, flooring, and countertop industries.
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