Construction Contracting: Prohibited Practices “Rent-a-License”

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

Construction Qualifiers: Qualifying More than One Construction Business in Florida

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 requires that applicants seeking to qualify more than one business appear before a monthly board meeting … Read more

Construction Companies: Secondary Qualifying Agent

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 for which he or she accepts responsibility. See Fla. Stat. 489.1195 A secondary qualifying agent is not … Read more

Construction Company: Financially Responsible Officers (FRO) Fla. Stat. 489

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 of an FRO separates these 2 responsibilities, allowing for the qualifier to limit his/her responsibilities to … Read more

Do I need to be licensed to perform certain Contracting or Electrical Work?

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

Construction Contracting: Mandatory Provisions for Residential Contracts

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

Overhead and Profit Includable In Florida Construction Lien – Maybe?

Fraudulent Lien

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

Setting Aside Default Judgments Without Excusable Neglect

set aside default final judgment

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

Failing to Perform Contract Promise is Not Fraudulent Inducement

Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed.  Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981).  Moreover, to cross … Read more

Unjust Enrichment Claims Against Project Owner, Not so Fast.

subcontractor unjust enrichment

When are subcontractor claims against an owner for unjust enrichment appropriate ? In Maloney v. Therm Alum Industries, Corp., 636 So. 2d 767 (FL. 4th DCA 1994), the Court held that a subcontractor could not sue an owner for unjust enrichment unless and until the subcontractor had exhausted its legal remedies against the general contractor with … Read more