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Financially Responsible Officer Designation Not Available for Electrical Companies

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(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

Residential Evictions: 7-Day Notices for Terminating Lease by Landlord for Causes other than Non-Payment of Rent

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Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more

Residential Evictions in Florida: Step 1 – The 3-Day Notice

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What is the 3-day Notice?  It is formally titled the NOTICE FROM LANDLORD TO TENANT–TERMINATION FOR FAILURE TO PAY RENT, but pursuant to statute it provides 3 (three) days for the tenant to pay the rent owed. Accordingly, it is commonly referred to as the 3(THREE) DAY NOTICE. The 3-day notice shall contain a statement … Read more

Construction Contracting: Contractors Can Contract for Limited Work Outside Scope of License

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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

Florida Lien Law: Liens and Leases

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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

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

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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 Contractors: Qualifying Agent Responsibilities

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(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) To “qualify a business” means the contractor has agreed to accept full responsibility for the business, including financial transactions, signing permits, and supervising all jobs the business participates in. If you are the primary qualifying agent, you are responsible … Read more

Construction Companies: Secondary Qualifying Agent

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(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

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

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(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

Florida’s Fourth DCA Contradicts Itself – Serving Documents Not Filed by Email

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2 Cases, Interpreting Virtually the Same Language, 4 Months Apart, 2 Different Results (and with 1 Concurring Judge in Common) Under Florida Law, there are two statutes (at least) that require document service on opposing parties without filing with the Clerk, a Safe-Harbour letter pursuant to Fla. Stat. 57.105(4), and a Proposal for Settlement pursuant … Read more

Real Estate Broker Liability for the Actions of a Real Estate Licensee

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Can a broker be liable for the actions of an associate? There are many large real estate brokerages that employ many sales associates, and if an associate does mishandle escrow funds or commits other law or rules violations the broker may be liable and subject to a disciplinary action by the DPBR. Section 475.25, Florida Statutes … Read more

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

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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 Legislature Reins in Condominium and HOA Estoppel Fees

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As a part of the sale of any HOA controlled home, or a condominium unit, title insurers and closing agents require estoppel certificates indicating the amount owed, if any, to the HOA/Condo Association so that the appropriate prorations are made, and so that HOA/Association liens are cleared upon closing by the closing agent. Until now … Read more

Construction Contracting: Mandatory Provisions for Residential Contracts

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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

Enforcing a Florida Non-Compete Agreement by a Successor or Assignee

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Non-Compete Agreement

Pursuant to 542.335(1)(f), Fla. Stat., there is a  requirement for specific language in the non-compete agreement that authorizes enforcement of  that agreement by an assignee or successor , stating, 542.335(1)… (f) The court shall not refuse enforcement of a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an … Read more

Contract Reformation in Florida – Statute of Limitations

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In Florida, a party to a contract may seek to invoke the equitable jurisdiction of the Court to enforce a contract that does not accurately reflect the agreement made by the parties.  If the Contract does not accurately reflect the agreement between the parties, a party can ask the Court to reform the contract to accurately reflect the true intentions … Read more

Foreclosing Construction Lien on Condominium for Common Area Work

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Condominium Lien

Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens.  Contrary to popular … Read more

Overhead and Profit Includable In Florida Construction Lien – Maybe?

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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

Pleading Subject Matter Jurisdiction – Consistency with Exhibits

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subject matter jurisdiction florida

The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more

Setting Aside Default Judgments Without Excusable Neglect

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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

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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

Florida Civil Conspiracy Action – When does group action make legal conduct actionable?

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florida civil conspiracy

The general rule is that “an act which constitutes no ground of action against one person cannot be made the basis of a civil action for conspiracy,” 105 So.2d at 165, Liappas v. Augoustis, 47 So.2d 582 (Fla. 1950). However, there is an exception when in certain circumstances of mere force of numbers acting in … Read more

Setting Default Interest Rates and Post-Judgment Interest Under Florida Law

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florida judgment interest law

Fla. Stat. § 55.03 sets a statutory interest rate for post-judgment interest in Florida. The interest rate set by statute is compensatory, but lower than both average consumer debt, and prevailing credit card rates for creditworthy individuals. Certainly, a judgment should carry a higher interest rate to incentivize the payment of such judgment by the judgment debtor … Read more

Proving Damages for Substantially Completed Construction Projects

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subcontractor unjust enrichment

Where a building contractor has substantially performed a contract between the parties, the contractor is entitled to be paid the full contract price diminished only by damages which the owner has suffered as the result of such breaches of the contract as may be established by competent evidence. See Fleming v. URDL’s Waterfall Creation, Inc., … Read more

Make a Serious Demand, Seriously, Attorney Demand Letter

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Attorney Demand Letter

 Make a Serious Demand, Seriously, with an Attorney Demand Letter.  Attorney Demand Letters, Florida Attorney Demand Letters Litigation usually begins, and can easily end, with a well drafted demand letter from a Florida Attorney. An attorney demand letter is a pre-litigation tool when an attorney reviews your case and demands the appropriate the relief by … Read more

Temporary Injunctions Based on Trade Secret Violations

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Trade Secret Florida Law

According to F.S. §688.002(4), the phrase “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure … Read more

SLIP & FALL in Florida: How to prove a Slip & Fall Negligence case in Florida?

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Workers Compensation

All premises owners owe a duty to their invitees to exercise reasonable care to maintain their premises in a safe condition. See, e.g., Everett v. Restaurant & Catering Corp., 738 So.2d 1015, 1016 (Fla. 2d DCA 1999). Despite this general proposition, when a person slips and falls on a transitory foreign substance, the rule has … Read more

Florida Construction Lien Law: Method of Serving Notices 713.18, Florida Statutes

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Serving Construction Notices Florida

713.18 Manner of serving notices and other instruments.— (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods: (a) By actual delivery to the person to … Read more

Construction Law: Qualifier/Qualifying Agreement, Sample Provisions, Florida General Contractor

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subcontractor unjust enrichment

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more information, Click Here!) For any contracting business to legally operate in the State of Florida, a qualifying agent must be certified or registered with the Department of Business and Professional Regulation in the category of contracting in which the qualifying agent is … Read more