A Florida Construction Law Attorney is an attorney who is experienced in handling construction related cases including licensure issues, lien foreclosure actions, and all other legal actions that arise in the construction contracting arena. A Florida Construction Attorney knows how to prepare a construction case for presentation in Court to a Judge or to a Jury, and are familiar with the established case law, and Florida Construction Law statutes that affect construction contractors. Construction cases are generally more complex than standard contract issues due to a large amount of paperwork that exists on a construction project. Further, a successful Florida construction attorney must have a business background and must be familiar with accounting and financial principles. From reviewing payment applications to preparing a claim for delay damages, a business, accounting, and financial background is key to preparing a construction litigation claim. At Andrew Douglas, P.A., our principal attorney, Andrew Douglas, is an experienced Florida construction law attorney and commercial litigation attorney who knows how to prepare Florida construction claims. Andrew graduated from the University of Florida College of Law and also has his Masters Degree in Business from the University of Florida. Andrew is a Florida Construction Attorney, and Florida Commercial Litigation Attorney handling all types of cases in Florida Courts.
Understanding License Qualification and the Importance of Doing It Right In Florida, many construction companies operate under a license that doesn’t belong to the owner—but rather to a qualifying agent. This arrangement allows the business to legally perform work that requires licensure, even if the owner or officers themselves aren’t personally licensed. But this setup involves … Read more
What Florida Contractors and Business Owners Need to Protect Their Interests In Florida’s construction industry, it’s common for a licensed contractor to qualify a company they don’t own. But too often, these arrangements are based on trust, a few emails, or a handshake—without a written agreement. That’s risky for both sides. A Qualifier Agreement isn’t just a … Read more
Understanding the Legal Duties of Qualifying Agents Under Florida Law If you’re a licensed contractor in Florida, you’ve likely been approached by someone asking: “Will you qualify my company so we can operate under your license?” On the surface, it may seem like a simple business arrangement. But the moment you agree to become a qualifier—or … Read more
If you’re a developer in Florida, disputes with contractors aren’t just inconvenient — they can delay projects, increase costs, and threaten your bottom line. From missed deadlines to payment conflicts or construction defects, it’s critical to manage contractor issues proactively and legally to keep your project moving. This guide outlines key legal tips for Florida developers to … Read more
Why Legal Demand Letters Are More Effective—and How We Can Help If you’ve been ignored, underpaid, or wronged by a person or business, you may be considering a demand letter. It’s a smart move—but here’s the truth: a demand letter from a Florida attorney carries far more weight than one you write yourself. Whether you’re trying to … Read more
Not every broken promise is fraud — and not every breach of contract is just a business mistake. In Florida, the line between a breach of contract and business fraud can determine whether you can recover punitive damages, rescind a deal, or hold someone personally liable. If your company has been misled, shortchanged, or outright lied to, it’s important … Read more
What Every Contractor Should Know Before Lending Their License In Florida, it’s common for licensed contractors to be asked to “qualify” a construction company. Maybe it’s a friend, a former employer, or a business partner offering a monthly fee in exchange for the use of your license. Sounds like easy money, right? But here’s what … Read more
In the fast-paced world of construction, not every deal is formalized in writing — especially on smaller jobs or when long-standing relationships are involved. But what happens when payment doesn’t come through? Can you still file a construction lien in Florida if your agreement was verbal? The short answer: Yes, you can — but only under certain … Read more
As a Florida landlord, you may encounter situations where a tenant commits a serious lease violation that cannot be cured. In these cases, Florida law allows landlords to terminate the tenancy immediately with a 7-day notice for incurable violations under Florida Statutes § 83.56(2)(a). This guide explains what qualifies as an incurable violation, how to properly serve notice, and provides a free downloadable notice template for landlords. … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR … Read more
The Coronavirus and its fallout will likely be with us for several months, and new business opportunities may be limited for a time. Now may be a good time to review your company’s aging accounts receivable list, and try to collect on past due amounts that you my have been too busy to focus on … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask … Read more
FORT LAUDERDALE, FLORIDA – (April 10, 2019) Andrew Douglas, P.A., proudly announces that on March 1, 2019 its principal attorney Andrew Douglas was certified as a Florida Supreme Court Certified County Court Mediator.
FORT LAUDERDALE, FLORIDA – (December 28, 2018) Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more
Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more
WESTON, FLORIDA – (July, 5, 2018) Andrew Douglas, P.A., is pleased to announce that it has successfully defended its client against a felony criminal charge of Unlicensed Contracting During a Declared State of Emergency (Engage in Contracting Violation During Existence of State of Emergency.) The State Attorney’s Office for the 15th Judicial Circuit, in and … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Florida Statute 489.119 permits Construction Companies to designate a Financially Responsible Officer (FRO). This allows a construction company to bifurcate the construction responsibilities from the financial responsibilities of the company. This is used, generally, when a construction company utilizes … Read more
Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab 3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) In recent years, the Construction Industry Licensing Board (“CILB”)has expressed concerns with qualifiers that qualify more than one business entity. The CILB requires that a licensee appear before the board at a monthly meeting in order for the board … Read more
Contractors Can Contract for Limited Work Outside Scope of License Florida Statute 489.113 specifically allows for licensed general contractors to contract for a limited scope of work outside of their licensure provided the majority of the work to be performed under the contract is within the licensure. A properly licensed contractor must still perform the work,( … Read more
Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more
An unlicensed handyman pulls a permit using a friends contracting license. This happens all the time. Its unlawful, and most important, when it happens, the homeowner will not have to pay for the work. However, many handymen (read unlicensed person) think they are acting lawfully, and even diligently, by having a properly licensed professional pull the … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Can a construction licensee qualify more than 1 construction business? Yes. A qualifier may qualify two or more businesses. You may access the application to qualify an additional business entity online at http://www.myfloridalicense.com/dbpr/construction-industry/. However, the Construction industry licensing board … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Secondary Qualifying Agent? A secondary qualifying agent is responsible only for: 1. The supervision of field work at sites where his or her license was used to obtain the building permit; and 2. Any other work … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Financially Responsible Officer (FRO)? Generally, when a licensed contractor qualifies a construction business entity that qualifier is responsible for both the construction activities of that business and the financial aspects of the business. However, the use … Read more
It is not always clear whether certain scopes of work require a licensed professional to perform, or if they can be performed by a handyman. The DBPR’s Construction Contracting website offers examples of services that require a person with a Florida license to perform. The list is not all inclusive. Needs a License Does not … Read more
Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more
A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead, if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … Read more
Occasionally, a client seeks help after a default has been entered against it, and there may be no reasonable basis to vacate the default within the excusable neglect framework. In some cases not all hope is gone, there maybe another tool in the attorney’s toolbox. If the Complaint that serves as the predicate for the default judgment was not well-pled (does … Read more