Last Week in Florida Construction Law
One contractor avoids punitive damages, while another gets his lien reinstated. Also, some new proposed statutes from the 2025 legislative session.
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Court Reverses Leave to Assert Punitive Damages Against Road Contractor Over Improper Use of Property as a Staging Area
Florida’s Third DCA reversed a trial court’s ruling that a property owner could seek punitive damages from a roadway contractor that improperly used the owner’s property as a staging area for construction. While the trial court found that the contractor had acted intentionally, the appellate court noted that to pursue punitive damages against a corporate entity, additional evidence of corporate involvement needed to be presented and was not. Click here to read the full article.
Court Reinstates Contractor's Lien After Holding that Claimed Local Licensing Violations Do Not Necessarily Fall Under 489.128, Florida Statutes
Florida’s Fourth District Court of Appeal reinstated a contractor’s construction lien after finding that alleged unlicensed contracting in violation of local ordinances did not trigger the application of 489.128, Florida Statute. The court does a good job of outlining the differences between state and local licensing laws and the penalties and scope of enforcement available at the state and local level. Click here to read the full article.
Florida’s 2025 Legislative Session begins March 4th, and legislators have already begun submitting proposed statutes impacting the construction industry. We’ll be highlighting new proposed bills here and keeping you posted as bills work their way to the Governor for signature. You can click here for a summary of all proposed statutes affecting construction in the 2025 Legislative Session.
Proposed Statute Would Require Employers to Mitigate Heat Exposure for Outdoor Workers
Proposed SB 510, and related HB 35, would add a new statute to Florida’s general labor regulations laws, directed at employers and employees working in hot, outdoor environments. The proposed statute imposes a number of new responsibilities on employers, including requiring training on heat illness, providing a minimum amount of accessible and free drinking water, and providing access to shade or cooler areas. The If enacted, the statute would take effect October 1, 2025. Click here for more information.
Proposed Statute Would Regulate Unlicensed Home Improvement Vendors
Proposed HB 117 would create a new section within Florida’s home solicitation sales statutes to impose certain requirements on unlicensed contractors making improvements to residential property. The statute, which applies to contractors who are not required to be licensed under Part I, Chapter 489, Florida Statutes, imposes timelines for starting the work, applying for permits, and continuing work at a project and creates criminal penalties for failing to comply with the statute. If enacted, the statute would take effect July 1, 2025. Click here for more information.
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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