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Florida Construction Attorney

How to Draft a Legally Enforceable Construction Contract in Florida (And Avoid Common Pitfalls)

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Draft Enforceable Construction Contract

A well-drafted construction contract isn’t just paperwork—it’s your first and best defense against nonpayment, delays, and costly legal disputes. In Florida, having a legally enforceable contract is especially critical due to the state’s robust lien laws, DBPR licensing regulations, and frequent disputes between owners, contractors, and subcontractors. At Douglas Firm, we help Florida contractors, subcontractors, … Read more

What Is a Qualifier Agreement in Florida?

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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

Legal Tips for Developers: Managing Contractor Disputes in Florida

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Legal Tips for Developers: Managing Contractor Disputes in Florida

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

Business Fraud vs. Breach of Contract: Key Differences

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Business Fraud vs. Breach of Contract: Key Differences

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

Can You File a Lien Without a Written Contract in Florida?

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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

Guide for Contractors: Complying with Florida Statute 489.126 on Deposit Monies

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Understanding and complying with Florida Statute 489.126 is essential for contractors to maintain legal standards and build trust with clients. This statute outlines how you must handle deposit monies received for residential construction projects. Here’s a step-by-step guide to ensure you meet these legal requirements: Step 1: Initial Payment and Permits Receive Initial Payment: Apply … Read more

DPBR Complaint: You received a Uniform Complaint. What do you do now?

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The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Qualifying a Construction Business in Florida: How much should the Qualifier be paid?

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(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

Attorney Andrew Douglas Sworn in as Broward County Traffic Hearing Officer

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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

Fraud, Fraud in the Inducement, the Independent Tort Doctrine, and the Confusion in Florida Courts

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Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more

Personal Liability for Fraudulent Lien or Slander of Title for Lien filed on Behalf of Business, Not So Fast.

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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

Andrew Douglas P.A. Successfully Defends Felony Unlicensed Contracting Charge for Client

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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

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

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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

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

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(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

Construction Law: Qualifier/Qualifying Agreement – Qualifying Additional Business Entities – Proof of Supervision

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(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

Construction Qualifiers: Qualifying More than One Construction Business in Florida

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(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

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

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

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

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

Unjust Enrichment Claims Against Project Owner, Not so Fast.

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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

Oral Modifications to Construction Contracts, Florida Construction Law

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Oral Modifications to Construction Contracts, Florida Construction Law Many written contracts between contractors and owners contain provisions to the effect of “all modifications to this contract must be made in writing.” And when litigation invariably arises from  non-payment for modifications that are performed without  being reduced to a written change order, or other writing, a … Read more